Affiliate Program Terms & Conditions
please read the terms before applying for the affiliate program
Effective Date: April 18th, 2023
Welcome to the SoulKynd Affiliate Program. The terms stated here are a binding agreement that You should read carefully and refer back to as You share our products with your audience. If You have any questions, please contact Us at hello@soulkynd.com.
These Affiliate Program Terms ("Agreement") govern the relationship between Soulkynd ("Company," "we," or "us") and you, the affiliate ("Affiliate," "you," or "yours"), regarding your participation in our affiliate program ("Program").
Upon approval to the affiliate program, you are consenting to be bound by the Affiliate Terms:
AFFILIATE OBLIGATIONS
PROHIBITED ACTIONS
LIMITATION OF LIABILITY
We will not be liable to you or any third party for any damages, whether direct, indirect, incidental, special, or consequential, arising out of or in connection with your participation in the Program, even if we have been advised of the possibility of such damages.
MODIFICATION
We reserve the right to modify this Agreement at any time, in our sole discretion, by posting the revised terms on our website. Your continued participation in the Program after any such modification constitutes your acceptance of the revised terms.
GOVERNING LAW AND JURISDICTION
This Agreement will be governed by and construed in accordance with the laws of Estonia, without giving effect to any principles of conflicts of law. Any legal action or proceeding arising out of or in connection with this Agreement will be brought exclusively in the federal or state courts located in Tartu, Estonia, and each party irrevocably submits to the jurisdiction and venue of such courts.
ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties with respect to the subject matter here of and supersedes all prior and contemporaneous agreements and understandings, whether written or oral, relating to the subject matter here of.
By participating in the Program, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of this Agreement.
These Affiliate Program Terms ("Agreement") govern the relationship between Soulkynd ("Company," "we," or "us") and you, the affiliate ("Affiliate," "you," or "yours"), regarding your participation in our affiliate program ("Program").
Upon approval to the affiliate program, you are consenting to be bound by the Affiliate Terms:
AFFILIATE OBLIGATIONS
- Affiliate must comply with all applicable laws, regulations, and ethical standards in your promotion of our products and services.
- Affiliate must promote our products and services using the provided referral links and materials in a manner that is consistent with our brand and values.
- Affiliates must not register and/or use domains with the wording: "SoulKynd" or any of its other properties, or any similar term contained within such domains.
- Affiliate must not send unsolicited emails and must comply with the CAN-SPAM act, and any applicable laws in your jurisdiction.
- Affiliate must disclose their affiliate relationship with us to their audience in a clear and conspicuous manner.
- Affiliate agrees to keep their PayPal email address for payments up to date. Affiliate will forfeit any payments owed to them if they haven't updated their PayPal email after changing it.
- Affiliate must not engage in any deceptive, misleading, or unethical practices in their promotion of our products.
- Not use any of our intellectual property (including our name, logos, trademarks, or other proprietary information) in a manner that could be confusing, misleading, or damaging to our reputation.
- Affiliate agrees to receive emails regarding this affiliate program.
- The affiliate program ONLY supports activity that results in sending purchase referrals to SoulKynd. Commissions will NOT be approved if they are suspected or proven to originate outside your affiliate link, even if the customer uses your link to purchase. Specifically, affiliate links on “coupon code” sites will not be approved for commissions attributed to said site(s). If a customer you referred does not end up using your link to purchase, you will not earn a commission.
- Affiliates must not promote our products on websites or in contexts that contain illegal or objectionable content (e.g., pornographic or hate speech content).
- Affiliate is consenting to have accepted the terms of this Agreement if they are approved to participate in the Affiliate Program. These affiliate Terms are effective immediately upon signing up for SoulKynd's affiliate program, and shall continue until terminated as described here.
- Violation of these terms may result in forfeiture of commissions earned.
- Affiliate can leave this affiliate program at any time but will continue to be bound to these Terms as applicable.
- As an affiliate, you are solely responsible for the results of your actions and any actions of your subcontractors, contractors, employees, assigns, partners, interns, externs, LLC members and volunteers.
PROHIBITED ACTIONS
- Affiliates can not buy from SoulKynd using their own personal affiliate link. To clarify, you, as an affiliate, cannot register yourself as a referral. No commissions will be paid out from such purchase.
- Affiliates must not disparage or misrepresent SoulKynd in anyway, in particular using words like "scam" or "rip-off."
- Affiliates must not bid on or otherwise attempt to acquire any rights in SoulKynd or any of its other properties for copyrights, service marks, or trademarks.
VIOLATION OF THESE TERMS OR ENGAGING IN PROHIBITED ACTIONS
Violation of these Terms will result in immediate termination without notice and forfeiture of commissions earned, paid or unpaid. Affiliate will be responsible and agrees to pay any actual damages suffered by SoulKynd due to Affiliate’s violation of these Terms.
ENROLLMENT AND ACCEPTANCE
To become an Affiliate, you must submit an application through the affiliate program page in ThriveCart. We will evaluate your application and notify you of your acceptance or rejection. We reserve the right to reject any application for any reason.
By submitting an application to our Affiliate Program, you warrant that you have read and reviewed this Agreement and that you agree to be bound by it. If you do not agree to be bound by this Agreement, please do not apply to our Affiliate Program.
AFFILIATE PROGRAM
Upon acceptance into the Program, you'll be provided with an unique Affiliate Link and a custom discount code. An "Affiliate Link" is defined as a web URL or hyperlink which contains (either within the link or via any redirect or link-cloaking software) the Affiliate's ID with the intention of tracking referred traffic to SoulKynd. When an Affiliate directs or sends a prospective buyer to SoulKynd website via a correctly formatted Affiliate Link and/or a custom code and that visitor then purchases a product from SoulKynd or any of our other properties - the Affiliate will receive a commission from SoulKynd on the sale of that product. All Commissions are paid in Euros.
Affiliate can track these metrics in the Affiliate portal (https://thrivecart.com/affiliates/). Affiliate’s login details are unique and private to Affiliate. Affiliate agrees to keep these details confidential.
COMMISSION STRUCTURE AND PAYMENT
Affiliate earns a commission of 15% per Showit website template purchase, generated by customers who purchased the template through your referral link and/or custom discount code. 'Payouts are made through PayPal every 30 days. If you’re not currently using PayPal, you’ll need to set up an account to be an affiliate.
There is no limit to the number of people that you can refer. Your unique code must be used during purchase in order to track your sales.
Affiliate’s commission will range due to the PayPal payment processing fee, and any promotion/sales where the template price is lowered.
Affiliates will only be compensated when the buyer uses the Affiliate Link to purchase. You are solely responsible for ensuring that your Affiliate Link is set up correctly. We are not responsible for your failure to receive any Commission due to the incorrect formatting or configuration of your Affiliate Link. Compensation for template shop purchases does not apply to referrals made prior to the Affiliate’s participation in the Affiliate Program.
TERMINATION AND SUSPENSION
We reserve the right to terminate or suspend your participation in the Program at any time and for any reason, including but not limited to, if we believe that you have breached any of the terms of this Agreement or engaged in any activities that could damage our brand or reputation.
LIMITATION OF LIABILITY
We will not be liable to you or any third party for any damages, whether direct, indirect, incidental, special, or consequential, arising out of or in connection with your participation in the Program, even if we have been advised of the possibility of such damages.
MODIFICATION
We reserve the right to modify this Agreement at any time, in our sole discretion, by posting the revised terms on our website. Your continued participation in the Program after any such modification constitutes your acceptance of the revised terms.
GOVERNING LAW AND JURISDICTION
This Agreement will be governed by and construed in accordance with the laws of Estonia, without giving effect to any principles of conflicts of law. Any legal action or proceeding arising out of or in connection with this Agreement will be brought exclusively in the federal or state courts located in Tartu, Estonia, and each party irrevocably submits to the jurisdiction and venue of such courts.
ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties with respect to the subject matter here of and supersedes all prior and contemporaneous agreements and understandings, whether written or oral, relating to the subject matter here of.
By participating in the Program, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of this Agreement.