This Affiliate Agreement (“Agreement”) is entered into by and between EmPress Studios LLC (“EmPress Studios”) and the affiliate named in the application (“Affiliate”) on the date the application is approved (“Effective Date”). The parties may be referred to individually as “Party” and jointly as “Parties” in this Agreement. The website domain www.empressthemes.com (the “Site”) is owned by EmPress Studios. This Agreement covers the responsibilities of Affiliate and those of EmPress Studios as they relate to EmPress Studios’ Affiliate Program, which is defined in this Agreement.
The term of this Agreement will begin on the Effective Date and shall remain in effect until either Party terminates this Agreement as outlined in this Agreement (“Term”).
EmPress Studios will provide Affiliate with a specific link, which corresponds to certain products EmPress Studios offers for sale on its Site. Affiliate will be able to access the link and create additional links by logging into Affiliate’s user account on www.empressthemes.com. The specific link(s) will be keyed to Affiliate’s identity, and each time Affiliate or a user clicks through the link and makes a purchase of products for sale on the Site, which are outlined below (“Products”), Affiliate will be eligible to receive 15% of the net sale price. The net sale price is the price of the product for sale on the Site minus any payment processing fees required by PayPal or any other payment processor used by EmPress Studios. There will be a 30-day cookie window on all affiliate links. Affiliate will not receive payment for any refunded purchases. The refund period is 14-days after purchase. Empress Studio reserves the right to determine when a refunded purchase is accepted and therefore no longer eligible for Affiliate commission.
The Products shall include all themes and plugins available for purchase on the Site.
The terms outlined in this section shall be jointly referred to in this Agreement as the “Affiliate Program.”
Payouts will be made on a monthly basis – one payout per calendar month if and when Affiliate’s account balance meets the fifty dollar ($50.00) minimum threshold for payouts. Payouts will be made via PayPal.
Affiliate agrees to provide EmPress Studios with the email address associated with Affiliate’s PayPal account and any additional information required by EmPress Studios to process payouts.
Upon acceptance by EmPress Studios into the Affiliate Program, Affiliate agrees to create an affiliate account at http://empressthemes.com/affiliates/dashboard (“Affiliate Account”). During the Term of this Agreement and so long as Affiliate is actively participating in the Affiliate Program, Affiliate may log into the Affiliate Account to review reports related to affiliate commissions and payouts, access Affiliate’s links, and update PayPal and payout information as needed.
EmPress Studios reserves the right to change or remove access to the Affiliate Account at any time. Affiliate agrees to contact EmPress Studios via email if Affiliate has any reason to believe access to the Affiliate Account has been compromised.
Either party may terminate this Agreement at any time with or without cause by providing notice to the other party in writing via email.
If this Agreement is terminated by either party, Affiliate will receive payouts earned prior to the date of termination unless such payouts are earned in breach of this Agreement.
If Affiliate fails to follow the terms of this Agreement or any other legal terms, Affiliate forfeits all rights, including the right to any unclaimed payout.
At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect, including but not limited to the intellectual property terms described in this Agreement.
This Agreement does not create an exclusive relationship between Affiliate and EmPress Studios. Affiliate may work with other affiliate programs and EmPress Studios may work with other affiliates as it chooses.
Affiliate agrees and understands that all content on the Site, including all Products offered for sale on the Site, is the property of EmPress Studios and includes all copyrights, trademarks, and other intellectual property (“Intellectual Property”). Please be advised that Affiliate may not disperse or use any content, including but not limited to the Products for sale on the Site, without purchasing the content through the Site. Affiliate shall be responsible for ensuring that any of Affiliate’s customers and clients for whom the Products may be purchased on behalf of do not infringe on any intellectual property rights of EmPress Studios.
Any unauthorized use of any EmPress Studios Intellectual Property shall constitute unlawful infringement.
EmPress Studios may, at any time, modify this Agreement and the terms associated with the Affiliate Program. EmPress Studios will notify Affiliate of any changes in the Affiliate Program and this Agreement in writing via email.
Nothing in this Agreement shall be construed to form any partnership, joint venture, or other employment relationship. Affiliate shall be an independent contractor.
Affiliate agrees not to use the Affiliate Program for any unlawful purpose, including but not limited to using it to violate any intellectual property rights of EmPress Studios.
Affiliate understands that EmPress Studios has access to monitor Affiliate’s Account and any purchases coming through the account.
EmPress Studios requires all affiliates to comply with all regulations and guidelines set by the Federal Trade Commission, specifically, the Federal Trade Commission requirement that affiliate relationships, such as the relationship between Affiliate and EmPress Studios be disclosed to Affiliate’s customers and clients. Affiliate agrees to notify any of Affiliate’s customers, clients, and any other person clicking through Affiliate’s links of the partnership between Affiliate and EmPress Studios.
Limit of Liability
EmPress Studios shall not be held liable for any legal claims brought by Affiliate’s customers and clients which may arise from or relate to any products purchased through EmPress Studios.
EmPress Studios is not liable for any damages that may occur to Affiliate as a result of Affiliate’s participation in the Affiliate Program. The maximum liability of EmPress Studios arising from or relating to this Agreement is limited to $100.00. This section applies to all claims by Affiliate, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
This Agreement constitutes the entire understanding between Affiliate and EmPress Studios with respect to the Affiliate Program. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral.
The laws of the State of Oklahoma shall govern this Agreement.
By applying to the Affiliate Program and checking the corresponding box, I, as the Affiliate, agree that I have read, understand, and agree to the terms of this Affiliate Agreement.
Updated April 2023