Affiliate Terms and Conditions

General

These Terms and Conditions (the “Affiliate Agreement”) the Affiliate Program that is made available by Openjournaltheme . These Terms and Conditions represent the whole agreement and understanding between Openjournaltheme and the individual or entity who participates in the Affiliate Program (the “Affiliate”, or “you”).

Please read this agreement carefully as it represents a legally binding agreement between you and Openjournaltheme. By your use of the Affiliate Program, you agree to comply with all of the terms and conditions set out in this Affiliate Agreement. Openjournaltheme may terminate your Affiliate Account at any time, with or without notice, for conduct that is in breach of this Affiliate Agreement, for conduct that Openjournaltheme believes is harmful to its business, or for conduct where the use of the Affiliate Program is harmful to any other party.

Definitions

“Affiliate” – The business, individual, or entity applying to or participating in the Affiliate Program, or that displays Openjournaltheme’s products and Services and/or promotions on its website, or other means, using an affiliate tracking code in exchange for receiving a commission from Openjournaltheme for sales directly resulting from such display.

“Affiliate Site” – The Affiliate’s website which displays Openjournaltheme’s Products and Services and/or promotions.

“Openjournaltheme’s Products and Services’ ‘ – OJS Theme and OMP Theme that are available for purchase from Openjournaltheme.

“Commission Fees” – The amount you will be paid for each Qualified Purchase by a Referred Customer that you refer to Openjournaltheme subject to the Commission Threshold and pursuant to the terms of this Agreement.

“Commission Threshold ” – The amount of Commission Fees an Affiliate must accrue prior to receiving a payment from Openjournaltheme.

“Referred Customer” – Each new and unique customer referred from Affiliate through a Link (as defined in Section B)that provides valid account and billing information.

“Registration Form” – Any and all order forms or other signup or acceptance form submitted by a customer to purchase Openjournaltheme’s Products and Services.

Acceptance of Terms

The Affiliate Program Terms and Conditions (herein referred to as “the Agreement”) constitute a legal agreement between the affiliate program participant (herein referred to as “the Affiliate”) and Openjournaltheme, LLC (herein referred to as “The Company”), legal owner of the domain name and website Openjournaltheme (herein referred to as “the Website”). The Affiliate and/or the Company may also be referred to herein as a “Party” and collectively as the “Parties”. The Affiliate Program (herein referred to as “The Program”) allows the Affiliate to promote the Company’s services and receive commissions according to the terms and conditions listed below. The Affiliate acknowledges, agrees to, and is bound by these terms and conditions by signing up and participating in the Program.

The Parties entering this Agreement are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency franchise, sales representative, or employment relationship between the Parties. The Affiliate has no authority to make or accept any offers or representations on the Company’s behalf. The Affiliate cannot make any statement, whether on the Affiliate’s website or otherwise, that would reasonably contradict anything in this Agreement.

Becoming an Affiliate

Currently only people who have purchased a product o or used one of the services available on the openjournaltheme site, we offer an affiliate program, here are the details of the client categories that we will offer an affiliate program for:

1. Client we consider potential to sell products from openjournaltheme.
2. Clients who have made 3 purchases of products on the openjournaltheme.
3. Client who asks about the affiliate program.

Currently the affiliate program on openjournaltheme is still private.

The Program is made available to any individual, institutional or organization that qualifies as described within the Terms of Service. The Applicant’s affiliate privileges may be suspended or revoked if it is determined that the applicant is unsuitable for the Program for any reason. Examples of applicant unsuitability include but are not limited to any previous history of the applicant not complying with Openjournaltheme Affiliate Program Terms of Service, website or other activity that could be related to any unlawful, defamatory, obscene, harassing or otherwise objectionable activity (such as facilitating illegal activity, promoting violence, promoting or assisting others in copyright infringement, sending unsolicited email, or promoting activities that the Company feels may harm the Openjournaltheme brand by association with the Program )

Affiliate Roles and Responsibilities

The Affiliate is responsible for providing full and accurate information upon registration for the Program and keeping the profile information up-to-date. Failure to provide accurate information may result in any of the following: exclusion from the Program, suspension or termination of the affiliate account, forfeiture of any commissions.

Openjournaltheme reserves the right to contact the Affiliate and request additional data regarding all the websites where the Affiliate promotes Openjournaltheme and the promotional practices used by the Affiliate, to which the Affiliate is required to provide truthful and detailed information. Failure to provide accurate and truthful information when requested by the Company may result in suspension or termination of the Affiliate account and forfeiture of any commissions.

The Affiliate should act in good faith in his/her Affiliate practices and refer customers in good standing. If the Company detects a pattern in the practices used by the Affiliate that results in referring customers that are not in good standing, the Company reserves the right to suspend or terminate the Affiliate account and not pay commission payments due by the Company to the Affiliate. The Affiliate should not take actions or make recommendations to its referrals that result in a potential revenue loss for the Company. If the Company detects a pattern in the practices used by the Affiliate that result in possible revenue losses, it reserves the right to suspend or terminate the Affiliate account and forfeit commissions.

The Affiliate should not use on behalf of their referrals, or encourage their referrals to use copyrighted or copied third-party material on their websites hosted by Openjournaltheme, without the author’s agreement. The Company reserves the right to suspend all accounts referred by the affiliate that contain copyrighted or directly copy & pasted third party materials, to suspend the Affiliate account itself and to retain any Affiliate commissions.

Promotion of Our Affiliate Relationship

1. Use of Links. If you qualify and agree to participate as an Affiliate, we will make a variety of graphic and textual links available to you (each referred to herein as a “Link” or collectively, as the “Links”). The Links will serve to identify your website as a member of the Affiliate Program and will establish a link from your website or e-mail to Openjournaltheme’s website. You agree to cooperate fully with us in order to establish and maintain such Links. You further agree that your use of the Links must be in compliance with this Agreement at all times. Openjournaltheme may modify the Links from time to time in its sole discretion. You will not use graphic or textual images (indicating a Link) or text messages to promote Openjournaltheme that are not approved in advance by Openjournaltheme. All Affiliate Sites shall display the Links prominently in relevant sections of their website. Furthermore, you agree not to use cookie stuffing techniques that set the affiliate tracking cookie without the Referred Customer’s knowledge (e.g. iframe). Any information with respect to Openjournaltheme that is going to be displayed on the Affiliate Site must be pre approved by Openjournaltheme in writing.

1. Disclaimer. EXCEPT AS PERMITTED HEREIN, YOU SHALL NOT AND ARE NOT AUTHORIZED TO (i) USE THE Openjournaltheme TRADEMARK, NAME OR ANY OF OUR OTHER INTELLECTUAL PROPERTY, INCLUDING WITHOUT LIMITATION, THE LINKS, AND THE LICENSED MATERIALS (COLLECTIVELY, THE “Openjournaltheme IP”) (OR ANY VARIATIONS OR MISSPELLINGS THEREOF OR OTHER TERM OR TERMS CONFUSINGLY SIMILAR TO ANY OF THE FOREGOING) WITHOUT Openjournaltheme’S EXPRESS PRIOR WRITTEN PERMISSION; (ii) USE Openjournaltheme IP IN A DOMAIN OR WEBSITE NAME, IN ANY BIDS FOR KEYWORDS OR GOOGLE ADS (OR SIMILAR PROGRAMS AT OTHER SEARCH ENGINES), IN ANY SEARCH ENGINE ADVERTISING (PAID OR OTHERWISE), IN ANY META TAGS, GOOGLE ADS (OR SIMILAR PROGRAMS AT OTHER SEARCH ENGINES), KEYWORDS, ADVERTISING, SEARCH TERMS, CODE, OR OTHERWISE; (iii) ACT IN ANY WAY THAT CAUSES OR CREATES OR COULD CAUSE OR CREATE ANY “INITIAL INTEREST CONFUSION” OVER THE USE OF Openjournaltheme IP ON THE INTERNET OR IN ANY SEARCH ENGINE ADVERTISING. YOUR USE OF Openjournaltheme IP IN ANY MANNER, OTHER THAN AS EXPRESSLY PERMITTED HEREUNDER SHALL CONSTITUTE UNLAWFUL INFRINGEMENT OF Openjournaltheme’S INTELLECTUAL PROPERTY RIGHTS, AND MAY SUBJECT YOU TO CLAIMS FOR DAMAGES (INCLUDING POTENTIAL TREBLE DAMAGES FOR KNOWING OR WILFUL INFRINGEMENT), AND THE OBLIGATION TO PAY Openjournaltheme’S LEGAL FEES AND COSTS IN CONNECTION WITH ANY ACTION OR PROCEEDING IN WHICH Openjournaltheme SEEKS TO ENFORCE ITS RIGHTS UNDER THIS AGREEMENT OR WITH REGARD TO ANY OF Openjournaltheme’S INTELLECTUAL PROPERTY RIGHTS.

1. Discounts and Coupons. You are not allowed to post any refunds, credits or discounts on the Openjournaltheme Products and Services, or other content concerning Openjournaltheme without Openjournaltheme’s prior written consent in each instance. Affiliates may only use coupons and discounts that are provided exclusively through the Affiliate Program using banners and links. Each Link connecting users of the Affiliate Site to the pertinent area of the Openjournaltheme website will in no way alter the look, feel, or functionality of the Openjournaltheme website. Any violations of the terms surrounding links, coupons, refunds, credits or discounts shall constitute a material breach of this Agreement, and may result in your termination from the Affiliate Program or the withholding of Commission Fees.

Appropriate Use of the Unique Affiliate Link

• Used in conjunction with approved Openjournaltheme Affiliate Badges placed on Affiliate personal and/or Business websites
• Used in conjunction with approved Openjournaltheme Affiliate Badges on social media  channels such as Facebook, Youtube Video, LinkedIn, Twitter, Google+, Instagram, Pinterest, etc.
• Used in conjunction with approved Openjournaltheme Affiliate Badges within Blog posts and websites for reviewing products and services.
• Other acceptable uses may apply. Consideration for additional uses must be submitted in writing via Support Ticket through the Openjournaltheme, but are not valid until approved and ratified by Openjournaltheme

How the Affiliate Link Works

When visitors to your website click the Affiliate link, a cookie is placed in the browser allowing the Company to automatically track   the visitors you refer to as they sign up for services. The users you refer to don’t have to purchase instantly as the cookies last up to 30 days following the initial visit. The Company is not responsible and shall not be held liable if the customer deletes or removes cookie data. Once a product or service is purchased, your affiliate URL is transparently assigned to the profile and for each invoice the referred client successfully pays, the Affiliate will receive a commission. The coupon that a potential buyer will use (after the url that taken from the affiliate user automatically assigns the coupon) cannot be used in conjunction with another coupon. The potential buyer has the right to use the appropriate coupon without any pressure and coercion from the affiliate user.

What Qualifies as an Earned Commission

The Affiliate will receive the appropriate commission based on the product type and payment frequency of the referred client’s purchase. Commissions are calculated as a percentage of the theme or service  price and commissions are applied after the invoice has been successfully paid (with a maximal 3 day period to process the payment) as long as ALL of the following hold true:

1. This is a first time customer who had clicked on an active affiliate link and the cookies are active at the time of the order
2. The referred customer does not participate in any other Company Partner Programs

All products contained in openjournaltheme will be included in this affiliate system:

OJS Theme

OMP Theme

DSpace Service

Eprints Service

Academic web service

Openjournaltheme reserves the right to exclude all qualifying products from affiliate commissions that were purchased through a promotional offer or discount created by Openjournaltheme.

Affiliate Commission Payments

Affiliate commission payments are paid for each product that is successfully verified payment of the products that you have marketed, all theme products and services. Commissions will be paid within 3×24 hours automatically on products that have been successfully verified as payment for the products that you have marketed. All commissions are paid in US dollars and there is only one payment method available, which is Paypal except for Indonesian Affiliates that can be sent using direct bank transfer.

Payment amount can be converted to IDR currency if the affiliate origin is from Indonesia with exchange rate taken from BTPN (Kurs Beli) here.

Note :

1. PayPal or Bank transaction fees may apply.
2. Exchange rate differences may occur because we follow currencies based on PayPal exchange rates

* Regular commission payments are made within 3×24 hours except on weekends or holidays that are recognized by the bank, in which case the commission will be paid on the following working day.

Termination of Affiliate Relationship

The Affiliate can cancel the Affiliate relationship at any time by contacting the Company via support ticket through the Open Journal Theme. The Affiliate relationship will be cancelled immediately upon receipt and processing of the Affiliate cancellation ticket and any commissions earned will be paid during the next monthly payout date.

The Company can cancel the Affiliate relationship at any time using any of the following methods:

1. With a 3 day prior notice without explanation. Any commissions due at the time of the cancellation will be sent to the affiliate after any holding period and in accordance with a regular payout cycle.
2. Immediately with no prior notice if the affiliate does not comply with the Affiliate program terms. In such a case, the Company has to provide no prior warning and can withhold any commission payments.
3. Immediately with no prior notice and/or explanation if the affiliate has not generated any sales to the company for a period or 6 months or longer.
4. After the cancellation of an Affiliate account the Company will no longer track the sales associated with the affiliate and will not owe any commissions to the affiliate for future sales or referred clients.

Relationship of Parties

You and Openjournaltheme.com are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your Affiliate Site or otherwise, that contradicts anything in this section.

Modification
We may modify this Agreement at any time in our sole discretion; provided that the change shall solely apply to events occurring after the date on which you accept and agree to such modifications unless you otherwise agree herein. Such modifications shall take effect when posted on our website. Modifications may include, but are not limited to, changes in the scope of available Commission Fees, commission amounts or percentages, payment procedures, Commission Fee payment schedules, and Affiliate Program rules. If any modification is unacceptable to you, your only recourse is to terminate this agreement, in which event you shall be entitled to your rights under the unmodified Agreement prior to the date of the applicable modification. Your continued participation in the Affiliate Program following our posting of any modification on our website will constitute binding acceptance of the change.

Indemnification

You hereby agree to indemnify and hold harmless Openjournaltheme and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgements, settlements, costs, and expenses (including reasonable attorneys’ fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses(or actions in respect thereof) arise out of or are based on (i) any claim that our use of the Affiliate Trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of anythird party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (III) any claim related to your Affiliate Site, including, without limitations, its development, operation, maintenance and content therein not attributable to us.

Affiliate Program Subject to Change

Openjournaltheme reserves the right to change the above Terms of Service at any time. Such changes will become effective and binding after their posting on the Company’s website. The Affiliate agrees to regularly review the Affiliate program Terms of Service and be aware of the changes made. By continuing to participate in the Affiliate program after a revision has been posted, the Affiliate agrees to abide by them.

Limitation of Liability

BY PARTICIPATING IN THE AFFILIATE PROGRAM, YOU ACCEPT THE TERMS OF SERVICE IN THEIR ENTIRETY AND AGREE THAT Openjournaltheme WILL NOT BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF REVENUE, PROFITS, OR DATA, ARISING IN CONNECTION WITH THIS AGREEMENT OR THE AFFILIATE PROGRAM, EVEN IF Openjournaltheme HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE AFFILIATE PROGRAM WILL NOT EXCEED THE TOTAL COMMISSIONS PAID OR PAYABLE TO THE AFFILIATE UNDER THIS AGREEMENT DURING THE 3-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.