Welcome to Masterbundles.com (the “Site”), a service offered by Boosta Inc OÜ, its subsidiaries, divisions and any affiliated entities (if any).
By using this Site, creating an account and checking the “I agree” (or similar) box, or otherwise participating in our Affiliate Program you are agreeing to abide by these Terms in full.
MASTERBUNDLES operates an online platform/marketplace that helps connect and support users who wish to buy digital design items and users who wish to sell such items. In order to increase growth and share in our success, we created and released this affiliate program (the “Affiliate Program”) to allow you to promote our products and services, and earn commissions for the sales made by the Clients you referred to this Site.
Account Registration. Participation in our Affiliate Program is accessible only through the personal account registration. When you register an account with us, you will be asked to provide certain information about yourself and set up a password and user name. You agree to provide us accurate information when you create your account. By creating your account, you warrant that the information provided is complete, truthful and correct, and you consent to us conducting verification and security procedures in respect of the information provided in the registration form. If for any reason the Affiliate’s data are not or no longer up to date, complete or correct, the Affiliate must without delay update his data so that they are once again up to date, complete and/or correct. You may not have more than one account; if multiple accounts are found, we have the option of suspending and/or cancelling all accounts with us. By registering, you certify that the email address you provide in the registration is accurate and belongs to you or that you have the right to use it; if any of the foregoing are not true, we have the option of suspending your account. You are responsible for maintaining the confidentiality of your password and for any and all activities that occur under your account. You accept to immediately notify us in all cases of unlawful use of your account, including any kinds of break of safety. We shall not be accountable for any loss and/or harm rising from your inability to follow these provisions.
We reserve the right to at any time, in our sole discretion, to modify, suspend, refuse or discontinue the Service to any Affiliate for any reason. You agree that we will not be liable to you or to any third party for any modification, suspension, refusal or discontinuation of the Service.
You must be at least 18 years old to use this Site. By using the Site you warrant and represent that you are or over 18 years old. The Site’s use by minors and those who try to conceal the real age is forbidden and considered to be the violation of the Terms.
We may provide you with a selection of marketing materials created by us such as, but not limited to, banners, product data, URLs, text links and/or other promotional materials made available for marketing purposes through your personal account (the “Materials”).
Subject to these Terms, we grant you a non-exclusive, non-transferable, revocable, limited right and license to distribute the Materials on your Chanel for the sole purpose of referring Clients to this Site in return for commissions. You may not modify or adapt the Materials in any manner or use or distribute the Materials for any other purpose unless you have received our express written approval. We may terminate your right to use the Materials at our sole discretion at any time and without prior notice.
Affiliate should strictly adhere to all applicable laws and regulations, as well as these Terms, in conducting their business, in particular in marketing and advertising this Site and our Service.
You are solely responsible for the development, operation, and maintenance of Affiliate’s Chanel and for all of Affiliate’s content, information, advertisements, promotions and other items, whether appearing on Affiliate’s Chanel. We may monitor your Chanel as necessary to ensure your content is up to date and notify you of any changes that should be made to help your affiliate performance. We reserve the right to review your placement and approve the usage of your Links and you agree to comply with all our instructions regarding such placement and usage.
You acknowledge, warrant and agree that your Chanel shall not:
You should not use link masking or cloaking techniques to promote MASTERBUNDLES on any Channels.
You acknowledge that any failure to comply with this Section and/or any actions not deemed appropriate by MASTERBUNDLES may, in our sole discretion, result in the immediate termination of Services to you and the forfeiture of any and all rights to any commissions owed to you by MASTERBUNDLES.
You acknowledge that the Site and all of its content (the “Site Content”), including but not limited to source code, scripts, design of and “look and feel”, HTML code, web apps, artwork, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement, are either the proprietary content of MASTERBUNDLES, or are the proprietary property of the our affiliates or licensors. All copyright and other intellectual property rights in the Site Content either are possessed wholly by or are licensed to us.
All trademarks, service marks, trade names, and trade dress are proprietary to us and/or our licensors.
The provision of the Site and Service does not transfer to you or any third party any rights, title or interest in or to such Site Content.
You are not allowed to change, publish, issue or otherwise replicate any Site Content without prior receiving our written consent. Any unauthorized copying, alteration, distribution, transmission, performance, display, or alternative use of the Site Content is prohibited.
Tracking and reporting
We will provide you a reporting system through your personal account showing sales made by the Clients and your commissions. You hereby agree that our reporting system shall be considered the only source of information for determining the volume of sales and your commissions. No other measurements or statistics of any kind will be used for conducting calculations under these Terms.
We will pay you a referral fee for each qualifying sale made by Client (the “Commission”).
Our standard Commission is 15% of the price actually paid by a Client, excluding any refunds and/or taxes. In the meantime, you can contact MASTERBUNDLES in order to negotiate another rate of Commission. You can see your current rate of Commission in your personal account area. All your Commissions will be added to your personal account balance, which you can withdraw as set out below.
All the payouts to Affiliates are sent on a request basis. The minimum payout amount that can be withdrawn is $50, which are free of any limitations on withdrawal. We will process your request within 72 business hours. You can select any desirable payment method listed on our Website when requesting a payout. Available payout methods are subject to change.
In order to make payouts you must provide us with accurate contact and payment information. We reserve the right at any time or upon your payout request to validate information you provided, verify you and/or require additional information from you.
Please note that your very first payout request might be a subject to 30-day holding period prior to our execution of that payout. After that period, we will be able to process your payout request.
We may suspend and/or hold your payouts and/or Commissions owed to you at any time and for any period, if we suspect fraudulent or other improper activity or a potential violation of these Terms by you. In this case, a 30-day holding period might be applied for investigation. If, in our sole discretion, a fraud is detected or any other violation of these Terms occurs, we reserve the right not to process any outstanding payouts and Commissions owed to you.
If any act and/or omission of the Affiliate leads to or causes a fine or any other financial measure to be imposed on or taken against us, we shall pass on the fine and/or financial measure to the Affiliate in full. MASTERBUNDLES is entitled to set off the fine and/or financial measure against amounts owed by the Affiliate.
Your Commissions are earned by you as an independent contractor and, as such, you are solely responsible for paying any taxes due on the payout payments.
THE SITE AND THE SERVICE, ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE SITE AND THE SERVICES, AND SERVICES OF OTHERS, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OR TRADE. WE MAKE NO GUARANTEE THAT THE CONTENT OF THE SITE IS UP-TO-DATE, ACCURATE, RELIABLE OR COMPLETE, AND YOU SHOULD NOT RELY ON OR ASSUME THE ACCURACY OR AUTHENTICITY OF ANY SUCH CONTENT. WE HEREBY DISCLAIM ANY WARRANTY THAT THE SITE OR THE SERVICES, OR THE SERVICES OF OTHERS WILL BE FREE OF INTERRUPTION OR DEFECTS, OR THAT THE SITE IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. BY YOUR USE OF THE SITE, THE SERVICE, OR THE SERVICES OF OTHERS, YOU AGREE AND ACKNOWLEDGE THAT YOUR USE OF SUCH IS AT YOUR OWN RISK. WE DO NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. THIS SECTION SHALL SURVIVE ANY TERMINATION OF THESE TERMS. NOTHING ON THIS SITE CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND.
IN NO EVENT SHALL MASTERBUNDLES AND ITS SUBSIDIARIES, DIRECTORS, EMPLOYEES, MANAGERS, OFFICERS, REPRESENTATIVES, (THE “MASTERBUNDLES PARTIES”) BE LIABLE FOR ANY INDIRECT, ECONOMIC, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR ANY OTHER DAMAGES RELATED TO: (A) THE SERVICES; (B) SITE CONTENT; (С) YOUR CHANNEL AND YOUR CONTENT (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SITE; (E) ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE MASTERBUNDLES PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITE; (F) ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE’ TECHNICAL OPERATION; OR (H) ANY DAMAGE THAT RESULTS FROM EVENTS BEYOND OUR REASONABLE CONTROL, SUCH AS DAMAGES TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE MASTERBUNDLES PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE MASTERBUNDLES PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED THE AMOUNTS PAID BY YOU, IF ANY, TO MASTERBUNDLES IN THE PAST SIX MONTHS, OR $200, WHICHEVER IS GREATER. THIS SECTION SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF YOUR RELATIONSHIP WITH MASTERBUNDLES.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You are solely responsible for all of your activity in connection with the Service. To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless MASTERBUNDLES, its affiliates, and each of its and its affiliates’ employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from (A) your use or misuse of the Services or the Site; (B) your access to any part of the Services, (C) any claim or damages that arise as a result of your use of our Marketing Materials; (D) the development, operation, maintenance, and contents of your Channel; (E) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights, or (F) otherwise from your violation of these Terms or any applicable law, rule or regulation.
You will cooperate as fully required by us in the defense of any claim. These indemnity obligations shall survive any expiration or termination of your relationship with MASTERBUNDLES.
Links leading to third parties websites may be found on our site. These links are provided for your information only. We do not control the content of any of third-party resources or websites, and accept no responsibility or liability for them including any damage or loss that may arise from your utilization of them. The inclusion of any link does not imply endorsement by us of the website. Use of any such linked website is at your own risk.
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
We expressly reserve the right to change these Terms from time to time without notice to you. You recognize and accept that it is your responsibility to review the Site together with these Terms from time to time and to familiarize yourself with any modifications. The last date these Terms were revised may be set forth at the end of these Terms. Your continued use of the Service and the Site after such alterations will be deemed your consent to the amended Terms. The Terms applicable to your use of our Site or Service will be those in force at the time you access the Site.
Arbitration. ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS, OR THE BREACH TERMINATION OR INVALIDITY THEREOF, SHALL BE SETTLED BY ARBITRATION IN ACCORDANCE WITH THE ELECTRONIC TRANSACTION ARBITRATION RULES OF THE HONG KONG INTERNATIONAL ARBITRATION CENTRE AS AT PRESENT IN FORCE AND AS MAY BE AMENDED BY THE REST OF THIS CLAUSE. THE APPOINTING AUTHORITY SHALL BE HONG KONG INTERNATIONAL ARBITRATION CENTRE. THE PLACE OF ARBITRATION WILL BE IN HONG KONG AT THE HONG KONG INTERNATIONAL ARBITRATION CENTRE (HKIAC). THE DISPUTE WILL BE HELD BEFORE A PANEL OF THREE (3) ARBITRATORS. YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. NEITHER YOU NOR WE WILL PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION FOR ANY CLAIMS COVERED BY THESE TERMS TO ARBITRATE. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. ANY PROVISION OF APPLICABLE LAW NOTWITHSTANDING, THE ARBITRATOR WILL NOT HAVE AUTHORITY TO AWARD DAMAGES, REMEDIES OR AWARDS THAT CONFLICT WITH THESE TERMS.
Choice of Law. These Terms, and all claims or causes of action (whether in contract, tort or statute) that may be based upon, arise out of or relating these Terms, or the negotiation, execution or performance of these Terms (including any claim or cause of action based upon, arising out of or related to any representation or warranty made in or in connection with these Terms or as an inducement to enter into these Terms), shall be governed by, and enforced in accordance with, the internal laws of the Cayman Islands, including its statutes of limitations. You acknowledge, understand, and accept that the United Nations Convention on Contracts for the International Sale of Goods do not apply to these Terms.
These Terms ware last updated on April 11, 2021.