Mobile Phone Themes Affiliate Program by MyFoneThemes.com

Affiliate Program > Terms and Conditions

Affiliates Terms and Conditions

MyFoneThemes Affiliate Terms and Conditions

By becoming a Myfonethemes.com Affiliate you will be permitted to display MyFoneThemes.com links, banners and tracking URLs and/or Myfonethemes.com products with an affiliate ID number, on your web site. You will then have an opportunity to earn a commission from any completed purchase of MyFoneThemes mobile phone theme that was referred by such mentioned links posted on your website.

You hereby represent and warrant that you are of legal age of consent in all applicable jurisdictions, or at least 18 years of age.

The commission from referred purchases will be credited only when the payment for the service is cleared. If the customer requests a refund at a later time, or if the credit card company later reverses the charge due to fraudulent or illegal use of the card, the original commission credited will be deducted from future commissions. You understand and agree to the payment procedure and schedule of commissions as outlined on MyFoneThemes Frequently Asked Questions (FAQs) page.

Only purchases made by customers referred by you will be credited to your website or any approved online marketing communication you have engaged to promote your website(s) or MyFoneThemes Affiliate Program. Should a returning customer be referred to MyFoneThemes by another website completes another purchase of phone themes, that purchase will be credited to the last website which referred the customer to MyFoneThemes and not to your website.

Your commission will be paid when it reaches $100, and such payment will be issued either as a check by registered mail to your registered postal address, via wire transfers or by other electronic payments systems on a monthly basis, granted that your commission has reached US$100. Should your commission fail to reach US$100, that amount will be carried over to the next monthly period or until the required amount for submitting commission payout is reached.

If you will be paid by check, MyFoneThemes will not be responsible for your inability to cash the check or a loss of the amount due to exchange rates. MyFoneThemes will also not be responsible for clearing the check at your financial institution. The responsibility for encashing the check shall fully rest on you, the MyFoneThemes Affiliate.

If you choose to be paid by wire transfer, you shall bear all wire transfer charges, which shall be deducted from your commissions. MyFoneThemes is not responsible for any other fees or charges that your depository bank may impose.

All amounts will be paid in United States Dollars. MyFoneThemes is not responsible for changes or losses due to fluctuation in exchange rates.

If you wish to be paid in a currency other than US Dollars, you shall be paid on another currency on a best effort basis and you shall incur all conversion charges.

Any tax liability on the amount of commissions received will be your responsibility. MyFoneThemes does not employ you nor are you entitled to any benefits normally found in an employer/employee relationship. You are required to claim the commissions earned from MyFoneThemes on your tax return.

The term "affiliate" does not imply any formal association with Myfonethemes.com, and the Affiliate does not have any explicit right to MyFoneThemes products, logos or trademarks, patent or intellectual property rights. You may not alter, modify or change any materials provided to you by Myfonethemes.com for the purpose of participation in this program.

Sub-affiliates recruited by parent affiliates are affiliates of Myfonethemes.com and not of parent affiliates. The same set of Terms and Conditions apply to sub affiliates.

You, the Affiliate, are not permitted to represent Myfonethemes.com in any way other than displaying a banner on your web site, including our links, referring MyFoneThemes’ products to legitimate business contacts, or using any of the tools MyFoneThemes provides to advertise our products. You must represent MyFoneThemes products in a positive and professional manner in accordance with existing laws.

The graphic image and text MyFoneThemes provides you in connection with this Agreement is owned by MyFoneThemes and you are hereby given a limited, nonexclusive, and revocable license to use the graphics and text. You may not modify or alter them in any way.

You will be solely responsible for the development, operation and maintenance of your web site and all materials that appear on it, ensuring that materials posted on your site do not violate or infringe upon the rights of any third party and that the materials posted on your site are not libelous, offensive, or otherwise illegal. We specifically disclaim all liability for your web site. You will indemnify and hold MRM Studios Inc, the operator of the Myfonethemes.com website, its subsidiaries, officers, and employees free and harmless from any and all claims, liabilities, damages costs and expenses relating to the development, operations and maintenance of your web site.

MyFoneThemes reserves the right to change or modify the terms of this Agreement or terms and conditions of use of the Affiliate Program, at any time and with the sole discretion of its management and owners, by posting a change notice or a new agreement on MyFoneThemes.com and by sending you a written notice by mail or email. Modifications may include the prices of our products and services, commission amount, schedule or payment procedures or rules regarding participation in the program, among other notifications.

MyFoneThemes’ banners and links affiliate system models is dependent on cookie technology being placed in the web surfer's computer. We will not be responsible for any cookie failure that may result in the user's clicks going unregistered. Some web-surfers have disabled cookies on their web browser (a very small percentage). There is no way for MyFoneThemes’ system to track a sale that came from a customer with disabled cookies.

It is the affiliate’s responsibility to make sure that MyFoneThemes’ codes are properly placed on the affiliate site; MyFoneThemes is not responsible for ensuring that the codes are properly displayed and customized.

The term of this agreement will begin automatically upon your submitting of this registration form and your acceptance by MyFoneThemes through email as an Affiliate and will end upon termination by either party. MyFoneThemes reserves the right to review your site and terminate individual agreements at the discretion of MyFoneThemes’ management and owners. You will be notified by email and no explanation for the termination will necessarily be given. After termination by either party, you will be paid your existing commissions to date. Upon termination of this agreement you will cease all use of materials provided to you by Myfonethemes.com including links, tracking URLs and banners and destroy or return them.

You must not use any unsolicited bulk email or off topic newsgroup postings to promote MyFoneThemes in any way as per your agreement to the terms of use of this program. All types of spamming (unsolicited commercial E-mails) are strictly prohibited. Violator's account will be immediately closed with no commissions paid and information about such person will be disclosed upon request.

Commission sales reports will be available to you online 24 hours a day, 7 days a week (24/7) upon your logging into the MyFoneThemes Affiliate Program Control Panel. MyFoneThemes will periodically send out sales reports, newsletters, website marketing tips, and sales information by email. You agree to accept these newsletters and messages.

You may not "refer yourself" for any sales. That is, you cannot initiate a sale for yourself by using your Myfonethemes.com Affiliate ID. Any affiliate found doing this would be subject to immediate dismissal from the Affiliate program.

MYFONETHEMES DISCLAIMS ALL WARRANTIES EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE MRM STUDIOS AFFILIATE PROGRAM. MRM STUDIOS DISCLAIMS ANY WARRANTY THAT THE SERVICE WILL BE UNINTERUPPTED OR ERROR-FREE, THAT SECURITY METHODS EMPLOYED WILL BE SUFFICIENT OR REGARDING CORRECTNESS ACCURACY AND RELIABILITY.

MYFONETHEMES’ OWNERS, DEVELOPERS, MANAGERS AND EMPLOYEES WILL NOT BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY INDIRECT SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR ANY LOSS OF PROFITS REVENUE, DATA OR SERVICE ARISING IN CONNECTION WITH THIS AGREEMENT, THE PROGRAM, OUR SITE OR SERVICES REGARDLESS OF WHETHER SUCH DAMAGES WERE FORSEEABLE OR WHETHER WE WERE ADVISED OF SUCH A POSSIBILITY IN ADVANCE. OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT, THE PROGRAM, OUR PRODUCTS OR OUR SITES WILL IN NO EVENT EXCEED THE TOTAL REFERRAL FEES OR COMMISSIONS PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT.

This Site/Service is owned and controlled by MRM Studios Inc. from its offices in the Philippines. You agree that this Agreement shall be interpreted in accordance with the laws of the Philippines. Any dispute relating to this Agreement shall be heard in any competent court in Makati City, Philippines.