Membership Agreement

This membership agreement confirms your obligations if you register as a member on themeover.com

1. Interpretation

“We”    Themeover

“Us”     Themeover

“Content”        Code, text, data, images, videos, products, services, advertising

“Product”        Any product that can be purchased from themeover.com

“Member”        A person who has registered as a Memeber on themeover.com

2. Themeover Membership

Themeover reserves the right to revoke any online registration at any time without supplying a reason. Member-only areas of themeover.com can be accessed by logging in with your unique username and password combination.

Your log in details must not be shared with third parties and you must take precautions to keep your log in details private. You are solely responsible for any usage of your account accessed by using your log in details.

3. Membership Privileges

As a member of Themeover, you will be able to:

  1. Following a successful application, sell digital products on themeover.com for a commission
  2. Access the affiliate area on themeover.com and earn commission for referrals
  3. Post questions in our support forum

4. Intellectual Property and Ownership

themeover.com provides a marketplace where carefully selected design pack authors can sell their work to buyers. Authors selling their work on themeover.com still retain full ownership of their products. Themeover does not obtain any right of ownership over content uploaded to themeover.com.

Themeover does not guarantee that products owned by third parties but sold on themeover.com do not infringe the copyright of others. By accepting this membership agreement, authors warrant that any work they submit for sale on Themeover’s marketplace does not infringe the intellectual property rights of third parties

5. Availability of themeover.com

Themeover retains the right to take themeover.com offline at any time and without notice. You accept that Themeover will not be liable to you for any loss due to the unavailability of themeover.com.

6. Your Personal Information

When asked by Themeover to provide personal information, you accept that you are required to provide accurate information. Themeover will respect your personal information in accordance with the Privacy Policy on themeover.com

7. Themeover’s Proprietary Rights

Themeover owns all the content on themeover.com apart from products submitted by members. Your membership with Themeover does not grant you ownership over any content on themeover.com other than the content you submit.

8. Selling Products on Themeover

You guarantee to Themeover and buyers of any products that you sell on themeover.com that:

  1. You own the intellectual property rights for every product
  2. Your products do not infringe on anyone else’s copyright
  3. Your products are what you say they are
  4. Your products are not unlawful in any way
  5. Your products do not contain any material that is of adult nature
  6. Your products are not offensive or insightful of hatred
  7. Your products do not contain any malicious programming code
  8. Your products do not cause Themeover to violate any applicable law

Themeover reserves the right, at its sole discretion, to reject a product that has been submitted for sale on themeover.com. Furthermore, Themeover reserves the right to remove previously accepted products from themeover.com for any reason and without notification.

Themeover accepts no liability for any loss resulting from a buyer using your products in a way that violates our terms of sale. This includes downloading your products without making the required purchase.

You accept that Themeover can display your products in part or as a whole on themeover.com and in marketing communication without limitation or compensation to you.

9. Product Exclusivity

Themeover does not impose any exclusivity constraints. You may sell the work you have submitted to themeover.com on third party websites.

10. Author Commission

If you submit a design pack for sale on themeover.com, you will receive a percentage of the fee collected from the buyer in accordance with the commission rates advertised on themeover.com.

Themeover reserves the right to run special offers on products you submit for sale on themeover.com. This means that the net amount you receive from a purchase will be lower if the customer purchased your product at a discounted rate. The amount of commission you accrue from the sale of one of your products will also be slightly less if an affiliate other than yourself qualifies for commission on the sale.

11. Affiliate Commission

As a Themeover member, you will be able to earn referral commission by sending visitors to themeover.com who then subsequently make a purchase within 21 days of clicking on your affiliate link.

Your affiliate link code can be found on the Links & Banners section of the affiliate area.

You will be able to earn affiliate commission from paying customers you refer if the customer:

  1. has cookies enabled on their browser
  2. does not clear their cookies
  3. have not been previously referred by another affiliate
  4. have been referred via an external website
  5. make a purchase within twenty one days of the referral.

You may not refer customers by:

  1. purchasing a domain name, search engine keyword or pay-per-click advertisement that use any Themeover trademarks and/or variations and misspellings thereof; or
  2. sending unsolicited email or other messaging that in any way may constitute spam;
  3. engaging in any conduct that would amount to a breach of any laws including, but not limited to, privacy, intellectual property and spam; and
  4. engaging in any conduct that is directly or indirectly in contravention of any direction given to you by Themeover or these Membership Terms.

Themeover’s decision on whether your participation in our affiliate program complies with our membership agreement is final. If Themeover decides that you have violated the terms of our membership agreement all referral commission you may have accrued will be withheld indefinitely and your membership with Themeover will be terminated.

12. Author and Affiliate Commission Payment

Commission earned through the sale of products on themeover.com and affiliate referrals will be pooled. When the total commission from the sale of products or affiliate referrals reaches $50.00, or you have earned commission for a period of 12 months that has not exceeded $50, you will qualify for payment. However, payment will be delayed for 40 days. This is so that your commission can be recalculated if a buyer of one of your products requests a refund within 30 days, which they are entitled to do.

13. Changes to Membership Agreement

Themeover maintains the right to amend these membership terms either in part or wholly without notifying you of such changes. Your ongoing use of themeover.com demonstrates your acceptance of the current terms and conditions published on themeover.com.

14. Severability of Provisions

If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

15. Law and Jurisdiction

These terms of use will be governed by and construed in accordance with English law, and any disputes relating to these terms of use will be subject to the non-exclusive jurisdiction of the courts of England and Wales.

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