The following Terms and Conditions (T&C, Terms or Agreement) apply to your participation in the Affiliate Program offered by Extend Studio (we, us, our), developer of Kubio,  Colibri and Extend Themes, or any of our affiliated entities. The Affiliate Program (the Program) allows you (the Affiliate, your) to promote Extend Studio’s products and services and receive commissions as set out in this T&C. The Terms and Conditions incorporate by reference our Privacy Policy.

1. Participation in the Affiliate Program

Enrollment in the Program requires application through the affiliate signup form on the Extend Studio website (the Website). We review all affiliate signups before we decide if an application will be accepted. Your application may be rejected if we determine that you are not suitable for the Program for any reason.

2. Your Responsibilities

As an Extend Studio Affiliate you agree that:

• You are responsible for providing us with full and accurate account information and for keeping that information up to date. Such information includes, but is not limited to: contact details, all website URL(s) where Extend Studio will be promoted, promotional practices and means, payment details, tax information and any other details we may require. 
• We reserve the right to request additional data regarding all the websites where you promote Extend Studio and the promotional practices you use. Failure to provide accurate information may result in exclusion from the Program, suspension or termination of your Affiliate account and forfeiture of any commissions.
• You should act in good faith to refer customers in good standing. Customers in good standing are customers who have paid for one or more Extend Studio products, provided valid contact information and are not flagged for high fraud risk.
• You should not take actions or make recommendations to your referrals that result in a potential revenue loss for Extend Studio.
• You should not engage in incentivized programs and business-opportunity sites, using marketing practices that might be unethical or likely to attract customers not in good standing.
• You should not copy, alter or modify any icons, buttons, banners, graphics, files or content contained in Extend Studio’s links, including but not limited to removing or altering any copyright or trademark notices, without prior written approval from us.
• You should not engage in any black hat seo/spam link building techniques in order to generate more referrals for Extend Studio.
• You agree not to violate any applicable law. 
• You should be loyal to Extend Studio and should not misuse its confidence and shall not damage its reputation. 
• You are required to disclose the affiliate relationship with Extend Studio on your website. 
• As long as you participate in the program, you cannot distribute Extend Studio products on your websites, nor can you create derivative works of them. This is to ensure that all distribution of our products is made only via our official channels and without any backdoors, changes or insertion of malicious code. 
• If we detect a pattern in your affiliate practices that in our reasonable opinion violates any aspect of the T&C, we reserve the right to suspend or terminate your affiliate account and cancel all outstanding commission payments due.



3. Affiliate Advertising

When advertising our services, you should use only promotional materials approved by Extend Studio. Approved materials are only those we provide to you or the ones that a Extend Studio representative approves in writing. Approved materials may contain the Extend Studio trade names, service marks, and/or logos for display on your Affiliate Site and slogans. We hereby grant you a limited, non-exclusive, non-transferable license to access and download such promotional materials for placement on your website for the sole and exclusive purpose of promoting websites owned, operated or controlled by Extend Studio. By using such promotional materials, you agree to work with us in order to establish and maintain approved promotional materials.

Upon termination of your affiliate account the limited, non-exclusive license to access and download promotional materials of Extend Studio shall be automatically withdrawn.

Inappropriate ways of advertising include, but are not limited to:

• Using any illegal or spam method of advertising, e.g. unsolicited email, unauthorized placing of the link in forums, newsgroups, message boards etc.;
• Bidding on keywords and phrases containing Extend Studio brand / product names, or variations or misspellings of those names on Pay per Click or Pay per Impression campaigns on the search engines (Google, Yahoo, MSN, Ask, Bing or others) without our prior approval. You are not allowed to use the Extend Studio Website(s) as display URL in PPC ads and to direct-link or redirect to the Extend Studio Website(s);
• Using non-unique copyright infringing content to promote Extend Studio;
• Using traffic generated by pay to read, pay to click, banner exchanges, click exchanges, PPV advertising, pop-up/under, or similar methods;
• Providing cash backs, rewards or any other kind of incentives to obtain the sale without our prior approval;
• Offering price savings methods, including coupon(s), voucher(s), discount codes, or added value offers without our prior approval;
• Using our advertising and promotional materials, trademark or name in a way which negatively affects our image;
• Using iframes or any other techniques or technology that places your affiliate tracking cookie by any means other than an actual click-through;
• Using link cloaking or masking techniques or technology with the goal to promote Extend Studio on websites and/or networks not explicitly listed in your affiliate profile and hiding that traffic source;
• Your website(s) must NOT contain lewd, obscene, illegal or pornographic material, or any other material that is deemed to be objectionable. This includes, but is not limited to, bigotry, hatred, pornography, satanic materials, trademark and copyright materials, all content of an adult nature, etc. The designation of any materials as such is subject to our reasonable opinion;
• Your domain name(s), company name, logo, trademark, product(s), project(s), service(s) must NOT contain keywords and phrases containing the Extend Studio brand / product names or any other variations or misspellings confusingly similar to Extend Studio trademark, name, logo or domain name, without our prior approval;
• Your domain name(s), company name, logo, trademark, your product(s), project(s), service(s) must NOT contain keywords and phrases that contain or are confusingly similar to third-party trademarks, names, logos or domain names, unless you have been duly authorized by the trademark owner.
• Extend Studio shall have the sole right to decide if a promotional method you use is appropriate. The use of any advertising method that we consider inappropriate may result in warning, suspension or termination of your affiliate account and cancellation of all outstanding commission payments due.

4. Affiliate Tracking Cookies

We track affiliate sales automatically by the use of cookies. The cookies are placed in the browser of the user that clicks on the affiliate link to reach our website. Each cookie is stored for 60 days. If there is a previous affiliate cookie in the same user’s browser the new cookies will overwrite it. Extend Studio is not responsible for cookies intentionally deleted by users. We will only pay commissions for the sales tracked via cookies.

5. Affiliate Commissions

We shall pay you a per-sale commission for any valid sale you refer to Extend Studio. Our commissions vary between 25% and 40% of the initial sale value and 10% of each renewal sale, depending on the sales volumes. They are discussed with each affiliate separately and will be confirmed via email after account approval.

For a valid sale ALL of the following are true:

The sale was made as a result of your active referral efforts. We determine that if, at the time of order, the customer has an active cookie indicating you as the last affiliate who referred them to our website, 

Your affiliate account must be active at the time of the sale. No commission is due for sales that were made before you registered for our Affiliate Program.

Sales of licenses that are cancelled by the customer or suspended by Extend Studio for any reason do not qualify for an affiliate commission.

The order payment of the referred customer is fully processed and is not subject to refund or chargeback.

We reserve the right to mark any sale as invalid at our own discretion, without providing any explanation or justification.

6. Commission Payments

Extend Studio shall pay all affiliate commissions based on the structure and in the currency outlined on the Affiliate Program signup page, unless a custom agreement exists in writing. Any commissions earned for valid sales will be paid out after a holding period of 30 days. We reserve the right to extend the holding period as set out in the T&C and without prior notice for as long as is reasonably necessary in order to establish the validity of a sale.

We process commission payouts once per month or less often depending on your preferences. The payout will be processed only if there is a minimum of $100 in commissions to be paid. Affiliate commissions are paid out via bank transfer and you are responsible for any transaction fees, unless a custom agreement applies. Payments are made on a monthly basis, on the 15th and 30th (or the next working day), depending on the first commission that gets registered with us. 

You are solely responsible for keeping all your information up to date including postal and email addresses, name, payment information, tax information and any other personal information that will impact our ability to process a commission payout. We will suspend commission payouts until we have all required details, including your tax information. Payout on suspended commissions can be claimed up to 6 months from the date they would have been originally due for payment.

We may suspend your commission payouts at any time and for any period, if we suspect fraudulent or other improper activity or a potential violation of this Agreement by you or any customer you refer.

We reserve the right to deduct from your current and future commissions any and all commissions paid out for sales that are fraudulent, questionable, or canceled. Where no current and future commissions are due, we will send you a bill for the balance of such refunded purchase upon termination of the program or termination of the referred customer account.

7. Invoicing

We shall provide you with a statement of commissions due in your Affiliate Area.

If applicable for your country of residence, we will issue self-billing invoices for all commission payouts, including applicable taxes. The Affiliate Program Terms and Conditions will be considered a valid Self-billing Agreement between you and Extend Studio that shall continue until termination of your Affiliate account. By signing up for our Affiliate Program you agree to accept self-billing invoices raised by Extend Studio on your behalf, not to raise any sales invoices for the commission payouts you receive from Extend Studio and to notify us immediately if you change your name, company details or tax registration status.

8. Promotional Materials and Intellectual Property

We reserve all our Intellectual Property Rights; and we provide our affiliates a limited, temporary, non-exclusive, non-transferrable, non-sublicensable license to use our trademark, brand name, and promotional materials, and such license is limited only to the use in promoting our products and services with our permitted banners.

This means that you cannot use our Intellectual Property Rights with another brand name or as a bundled project. It also means that you cannot allow others to use the content we licensed to you.

You may only use the permitted banners and promotional material that we provide you as a part of our gallery.

All promotional materials showing prices should reflect updated prices and discounts at any time.

9. Relationship of the Parties

Both Extend Studio and the Affiliate agree that they enter into these Agreements as independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency franchise, sales representative, or employment relationship between them. The Affiliate has no authority to make or accept any offers or representations on the behalf of Extend Studio. The Affiliate cannot make any statement, whether on the Affiliate website or otherwise, that reasonably would contradict anything in this section.

10. Account Termination

You can cancel and terminate your affiliate account at any time by contacting us through your Affiliate Area or by email ([email protected]). We will send you written confirmation that your account has been terminated.

Extend Studio can terminate an affiliate account:

With a seven-day prior notice without explanation.

Immediately with no prior notice, if you or your affiliate account violate the Affiliate Program Terms and Conditions.

Immediately with no prior notice, if you have not generated any sales for a period longer than 6 months.

Once an affiliate account is terminated, we will no longer track the sales associated with the affiliate and you will not qualify for future affiliate commissions. Any commissions due at the time of termination will be paid to the Affiliate after any holding period and in accordance with a regular payout cycle. No outstanding commission payments will be due if we terminate your account because of violation of this T&C.

Upon termination of the Affiliate account, the Affiliate is obliged within 3 business days to remove all promotional materials, trademarks, links, logos and slogans of Extend Studio and it’s products from his web site. This provision shall survive the termination of the Agreement. After the termination of this Agreement, the Affiliate shall not have the right to use Extend Studio trademark(s), logo and slogans and shall refrain from any actions which may directly or indirectly adversely affect the image and reputation of Extend Studio, as well the business relations with its current and potential clients.

Upon termination of the affiliate account, this Agreement shall be automatically terminated.

11. Confidentiality

The level of commissions and payments you receive from us is confidential. The fact that you are an Extend Studio affiliate is not. You should add a disclosure if required by law that you receive a commission for every click on our banners / links.

12. Limitation of Liability

YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU WILL NOT UNDER ANY CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, HOLD US OR OUR LICENSORS, AGENTS, EMPLOYEES, OFFICERS AND/OR THIRD PARTY VENDORS LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, COST SAVINGS, REVENUE, BUSINESS, DATA OR USE, OR ANY OTHER PECUNIARY LOSS BY YOU OR ANY OTHER THIRD PARTY. YOU AGREE THAT THE FOREGOING LIMITATIONS APPLY WHETHER IN AN ACTION IN CONTRACT OR TORT OR ANY OTHER LEGAL THEORY AND APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WE BE LIABLE TO YOU IN THE AGGREGATE WITH RESPECT TO ANY AND ALL BREACHES, DEFAULTS, OR CLAIMS OF LIABILITY UNDER THIS AGREEMENT OR UNDER ANY OTHER DOCUMENT FOR AN AMOUNT GREATER THAN THE FEES ACTUALLY PAID BY YOU TO US DURING THE ONE MONTH PERIOD PRECEDING A CLAIM GIVING RISE TO SUCH LIABILITY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. YOU AGREE THAT IN THOSE JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

This provision shall survive termination of the Agreement.

13. Governing law

Any dispute, controversy or claim arising under this Agreement shall be resolved in accordance with the legislation in the jurisdiction where the Extend Studio is located (Bucharest, Romania).

14. Changes to the Affiliate Program Terms

We may alter this Agreement and any policies or provisions incorporated by reference at any time. The amendments and/or supplements of the Agreement shall be effective immediately upon posting to the websites of Extend Studio. The current T&C is always available on Extend Studio’s websites. If you do not agree to any amendments, you must terminate your Affiliate account within 10 business days of the date of the amendment. Only an Extend Studio officer may alter this T&C. No agent of, or person employed by or under contract with, Extend Studio has any authority to alter or vary this T&C in any way. No oral explanation or oral information given by any party shall alter the interpretation of this T&C.