1. Affiliate Agreement
This agreement describes the terms and conditions for participation in the MH Themes affiliate program. In this agreement, the term “Affiliate” refers to you (the applicant). In this agreement, MH Themes refers to the product owner and publisher, fdmedia – Florian Daugalies).
We may modify any of the terms and conditions within this Agreement at any time and at our sole discretion. These modifications may include, but not limited to changes in the scope of available referral fees, fee schedules, payment procedures and Affiliate Program rules. If any of the modifications are UNACCEPTABLE TO YOU, your only recourse is to terminate this Agreement. If you CONTINUE PARTICIPATION IN THE PROGRAM, it will be considered as your acceptance of the change.
To enroll in the affiliate program, you must submit an affiliate application and be approved. Applications might be accepted automatically. Applicants will be notified of their acceptance status as soon as possible after their information is reviewed.
4. Affiliate URL
You will be issued a special URL once you become an approved member of the MH Themes Affiliate Program which will be unique to you and you only, and will allow you to be paid for affiliate referrals.
Affiliates will receive 20% of the revenue as a commission from orders placed through properly coded Affiliate links (unless noted otherwise for a particular product). Commissions may change at the discretion of the product publisher MH Themes commissions may increase during limited time special promotions, but they will return thereafter to the regular 20% commission rate.
For a sale to generate a commission to an Affiliate, the customer must complete the order form and remit full payment for the product ordered through the secure order system. Word of mouth referrals will not result in an affiliate commission being generated. Commissions will only be paid on sales that are made when the customer clicks through qualified, correctly structured Affiliate links. Properly coded links are the sole responsibility of the affiliate.
MH Themes pays affiliates via a PayPal account, provided to us when a member joins. If the PayPal email changes, it is the responsibility of the affiliate to notify the Affiliate Program to ensure proper commission payments. The payout email address can be updated within your affiliate area. We will not resend payments returned due to incorrect payment email addresses.
Payouts will be sent out at the beginning of each month, only if the affiliate requested a payout via the affiliate dashboard. 50 EUR is the minimum amount that affiliates need to have accumulated in order to be paid. This limit might be increased or decreased in the future.
In order to complete a payout and creating the credit note, it's necessary to fill out the billing data via the affiliate dashboard (tab “settings”). Otherwise your earnings cannot be paid out.
7. Order Fulfillment
MH Themes will be solely responsible for processing every order placed by a customer via affiliate links. Affiliates are not authorized to collect payments or sell any MH Themes products from other websites as a “reseller” and no “resale” rights are granted in ANY way. Affiliates are not authorized to sell any of these products on eBay or other auction sites. Affiliates are not authorized to give away copies of any of these products. MH Themes will also be solely responsible for all customer service inquiries. All affiliates understand and acknowledge that no physical products will be shipped.
Customers who purchase products and services through the MH Themes Affiliate Program will be deemed to be customers of MH Themes. Accordingly, all rules, policies, and operating procedures concerning customer orders and service will apply to those customers. We may change our policies and operating procedures at any time. Prices and availability of our products and services may vary from time to time. MH Themes policies will always determine the price paid by the customer.
8. Qualifying Sites
MH Themes reserves the right to refuse any site entry into the MH Themes Affiliate Program based on site content. Sites that do not qualify for the Affiliate Program include sites which:
- Promote sexually explicit materials
- Promote violence
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
- Promote illegal activities
- List coupon codes or discounts that were NOT officially provided to them by MH Themes. Want to promote a coupon? Contact us and we can work with you. You may NOT promote coupon codes you may have found elsewhere online. Doing so can result in the termination of your affiliate account and withholding of affiliate payments for violating our affiliate agreement.
- Infringe or otherwise violate any copyright, trademark, or other intellectual property rights of MH Themes or any other site..
9. Permitted Usage
The following are permitted uses of the MH Themes brand and marketing resources
- Affiliates are permitted to use the graphical banners and design resources located at https://getMH Themes.com/affiliate-program/. If a specific size banner ad is not available, the affiliate may contact the Affiliate Program manager at affiliate@getMH Themes.com and request a new banner graphic be added to the available resources.
10. Prohibited Usage
The following cases prohibited and are grounds for immediate termination of the affiliate account.
- Affiliates MAY NOT use the MH Themes logo, logo marks or other MH Themes website/branding imagery in a header graphic or in any way as to indicate they are officially affiliated or partnered with MH Themes.
- Affiliates MAY NOT use the term “MH Themes” in ANY variation in their site URL ex. (mhthemes.net, mhthemescouponcodes.com, mhthemes.plugins.com, etc).
- Affiliates MAY NOT promote coupons that were not provided to them personally by MH Themes. Want to promote a coupon? Contact us and we can work with you. You may NOT promote coupon codes you may have found elsewhere online. Doing so can result in the termination of your affiliate account and withholding of affiliate payments for violating our affiliate agreement.
- Affiliates MAY NOT host or promote “coupon stacking” sites where customers may combine coupons to receive additional discounts.
11. Anti-Spam Policy
MH Themes strictly prohibits affiliates from using spam e-mail and other forms of Internet abuse (including spamming forums, blogs, twitter, facebook and other social media outlets) to seek sales. Any violation of this rule will lead into account termination.
12. Term and Termination
The term of this Agreement will begin when you accept and will end when terminated by either party. Either MH Themes or the affiliate may terminate this Agreement at any time, with or without cause. Upon the termination of this Agreement for any reason, all licenses granted hereunder shall immediately terminate and you will immediately cease use of, and remove from Affiliate's Web Site, all links to the MH Themes websites, and all MH Themes trademarks and logos, other MH Themes marks and all other materials provided in connection with this program.
13. Limitation of Liability
MH Themes will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, expenditures 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 commissions paid or payable to the affiliate under to this Agreement.
We make no express or implied warranties or representations with respect to the Affiliate Program or an affiliate's potential to earn income from the Affiliate Program. In addition, we make no representation that the operation of the websites or the Affiliate links will be uninterrupted or error-free, and MH Themes will not be liable for the consequences of any interruptions or errors.
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.
If any of the provisions of this Agreement are determined by a court to be unenforceable, they shall be severed from this Agreement, and the remaining provisions shall remain in full force and effect.
By signing up with the MH Themes Affiliate Program, you acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated this program and are not relying on any representation, guarantee or statement other than as set forth in this agreement.