- Becoming an Author
- How selling your items works
- How do payments of earnings work
- Author house-keeping
- Special Arrangements
- Go forth and author!
1. Hi, we’re ThemeKeeper. We’ve met before over at ThemeKeeper Market Terms. It’s good to meet you again and we’re really glad you’re keen on becoming an author with us.
2. Imagine creating what you want, when you want, from the comfort of your own home, making passive income whether you’re working or not. Some of our authors sell stock in their free time as a hobby, some do it to get their name out there, and some are able to make it their full time profession.
3. Becoming an author is easy and if you’ve reached this point then you’re already a member and you’ve accepted our ThemeKeeper Market Terms. These additional terms for authors (‘Author Terms’) are an extra part of the ThemeKeeper Market Terms that apply specifically to authors on the ThemeKeeper Market. You’ll need to agree to them before you can become an author. These govern the relationships, rights and obligations of authors to us and buyers using ThemeKeeper Market. You agree to put your items on ThemeKeeper Market and make them available to buyers on the basis stated in the ThemeKeeper Market Terms and these Author Terms.
As an author on the ThemeKeeper Market you have responsibilities to us and buyers of your items. Please take the time to review these Author Terms carefully.
4. When we say ‘you’ in these Author Terms we are referring to you, the author. All other words defined or explained in the ThemeKeeper Market Terms have the same meaning here. If there’s any inconsistency between what we say in these Author Terms and what is in the ThemeKeeper Market Terms, what we say in these Author Terms prevails.
5. Read on for details about your author responsibilities, the process of selling your items on the ThemeKeeper Market and how you can earn money with us.
Becoming an author
6. Becoming an author is free: Becoming an author and putting your items up on the ThemeKeeper Market is free but there is a review process before your items go live. There are a few things you promise in exchange for the right to be an author, which are outlined in these Author Terms.
7. Process to become an author: There are easy steps you follow to sign up as an author, which are outlined on the ThemeKeeper Market guide. There you’ll find instructions and resources that will help you get started. You’ll also find information about payment, submission requirements and other important information about being an author on our page.
How selling your items works
8. What you’re providing:
- License: When you ‘sell’ an item, you’re making your item available to buyers and downloaders to use that item under certain conditions; you’re not actually selling the item itself. What you’re selling includes a license directly to the buyer or downloader to use that item under the relevant license options that we set.
- Item support: You can choose whether or not to support certain items. If you choose to support an item, this will be identified on the item page. All supported items include a support period. Buyers can buy support extensions on these items.
For the different types of licenses and detail about what rights you are licensing see our licensing page. Take a moment to understand how your work will be licensed!
To understand item support, like what items are covered, what you agree to provide buyers, the support period and support extension options, see the item support policy page.
9. The total price for an item on ThemeKeeper Market is made up of:
- Item price: The item price is made up of a license fee (for the license chosen for the item), and if relevant the item support fee (for supported items).
- Buyer fee: This is the fee buyers pay ThemeKeeper for the buyer services we provide buyers.
- Handling fee: In some transactions the total price may include a handling fee.
- Taxes: Some transactions may be subject to tax that may be added to the list price or handling fee.
The list price is made up of the item price and buyer fee, and is the price on an item page. See ThemeKeeper Market Terms for information about all the parts of the total price.
10. Exclusivity: When you become an author, you can choose to make your items available exclusively on the ThemeKeeper Market or have the option of selling your items elsewhere. As we explain next, the percentage of revenue you receive from each sale of your item will vary depending on your choice. You can change your exclusivity status which will affect the percentage of revenue you get after you change your status.
11. Your earnings; author fee: When your item is sold on ThemeKeeper Market, you will earn the item price component of the list price less an author fee that we charge. The author fee is what you are charged by ThemeKeeper for use of our platform and services as an author. The author fee is determined by whether you are selling the item only on ThemeKeeper Market exclusively and by the aggregate value of list price sales you’ve had in the past. The author fee you pay to us is set out in the rates schedule that we can change at our discretion, from time to time. Any changes to these rates will take effect on and from the date on which notice of the variation is posted by us on ThemeKeeper Market.
12. Setting the prices of items: We set the prices of items in some categories on ThemeKeeper Market. We know how valuable your creations are to you and so we endeavour to make the prices we set for your items fair and in line with the going market rate. Even so, you acknowledge and agree that we have absolute control over the pricing of ThemeKeeper Market items in categories where we set the prices. There are some categories known as ‘author-driven pricing categories’ where authors set the prices for their items. If you sell items in an author-driven pricing category, you must make all pricing decisions independently. This means that discussions about your pricing decisions are not permitted under any circumstances.
13. Review: When you think you’ve created an item suitable for ThemeKeeper Market, you can submit that item to us to check the quality and whether it contains adequate information for buyers. We have rules about what we accept and don’t accept and you can read up on these in our author-related ThemeKeeper Market information. Although we always like to provide constructive feedback we’re not obliged to give you any reasons for rejecting your item. We have the final say on whether items are accepted for ThemeKeeper Market.
14. No Variation: You are not permitted to vary these terms (or our ThemeKeeper Market Terms) as they apply between you and buyers, or to offer your items on different terms or with additional terms (for example, through your item description pages). Any different or additional terms that you try to impose on ThemeKeeper Market on your items will have no effect against buyers or ThemeKeeper.
How do payments of earnings work
15. We will pay you the item price component of the total price less the author fee (‘your earnings’ or ‘earnings’). In order for us to do this, you authorise us to collect payments, to credit your ThemeKeeper Market account with your earnings, and to distribute your earnings to you. We may use another ThemeKeeper Company to do these things for us.
16. To avoid any confusion, only your earnings from the sale of your items (and referral income under our separate Affiliate Program) will be payable to you. ThemeKeeper credits that were converted from monies you deposit as a buyer are not able to be withdrawn or refunded.
17. Thresholds: We’ll make payments of your earnings based on certain minimum threshold amounts. The details of how much you need to have in your ThemeKeeper Market account before we can pay you is set out in our Author Guide page.
18. Earnings payment timing and methods:
- You ask us to hold the balance of your earnings until you request a payment. You can do this by setting up automatic payment requests. We will continue to hold your earnings until we receive a request for withdrawal unless for some reason we decide to pay you your earnings without a request.
- When we get a request for payment, we’ll pay you at the next payment cycle as stated on our Author Guide page.
- You must provide us with the correct details and payment method when you request your earnings.
- Despite section 18(a) above, we reserve the right to pay your earnings to you, at any time, at our discretion.
- You may bear some or all expenses incurred by us in paying monies to you.
19. Potential deductions:
- Payment methods available for buyers to buy your items involve payment agents that have their own standard terms and conditions regarding refunds, chargebacks, fees and unauthorised transactions (which we don’t control). If an ThemeKeeper Market transaction on an item is subject to payment agents’ refunds, chargeback, fees or unauthorised transactions, we may automatically deduct those amounts from your ThemeKeeper Market account.
- You or we may also decide to issue a credit or refund to a buyer in certain circumstances involving issues with your item outlined in the ThemeKeeper Market Refund Rules, or transactions that may be reversed for other reasons. If that happens, we reserve the right to deduct from your ThemeKeeper Market account any amount that would otherwise be payable to you.
20. Payment errors: We will continue to hold your earnings if we’re not able to pay your earnings to you for whatever reason, including if:
- we do not have the correct payment details;
- we can’t contact you using the contact details that you have supplied;
- you have not made a request for payment; or
- you are asking for payment to be made to a person, an institution or a country that we’re legally prohibited from making payments to, or where there are limitations in the banking systems.
21. Currency conversions: Whenever we make a payment to you as an author, you are responsible for all costs of converting the amount of the payment from US dollars into your preferred currency. Your financial institution does the currency conversion and may charge you additional fees (we don’t control either the conversion rates or your financial institution’s fees).
22. Holding earnings: If we decide that an item of yours does not comply with an applicable law or any of our rules or guidelines, including the ThemeKeeper Market Terms and these Author Terms, we can at our discretion disable the item or your membership. See our Content Policy for more information. We may also hold any earnings on that item for up to two years, and may release those held earnings during that period if we are satisfied that any dispute or issue about your item has been resolved.
The ThemeKeeper Market Terms have some important details about how our dealings with you might be restricted or your earnings forfeited. Please look closely at sections 56-57 of the ThemeKeeper Market Terms.
23. Buying items: If you buy an item from the ThemeKeeper Market and can’t cover the cost from your ThemeKeeper credits, we’ll make up any difference out of any author earnings you have in your ThemeKeeper Market account.
- As an author on ThemeKeeper Market, you are responsible for paying any taxes that apply (with the exception of VAT in an EU Member State).
- ThemeKeeper will charge, collect and account for VAT in an EU Member State when a buyer is located in an EU Member State and does not provide a valid EU VAT Identification number. When a buyer is located in an EU Member State and does provide a valid EU VAT Identification Number, it is the buyer’s responsibility to self-account for VAT. It is not your responsibility as an author to account for VAT when a buyer is located in an EU Member State.
- If required by law, we may deduct or withhold taxes (including withholding tax) in connection with your being an author. If so, we will give you relevant documentation that’s required by law about the deduction or withholding (like documentation allowing you to access rebates or credits, or to manage your tax affairs).
- We may collect geographical location information to determine your location. You may be required to give us tax-related documentation or information to help us identify you. Information and documentation may be used for tax purposes, so the information you give us must be accurate. Information or documentation may be collected by one ThemeKeeper Company and disclosed to or handled by another ThemeKeeper Company. We or another ThemeKeeper Company may disclose or submit your information to regulators and government authorities in connection with our compliance procedures and obligations.
25. Invoices: We will issue invoices (or in some cases tax invoices) for transactions between authors and buyers on ThemeKeeper Market.
Find out more information on tax and VAT in these Help Centre articles:
- Tax Information & W-9 Requirements for US Authors
- Tax Information & W-8 Requirements for non US Authors
- EU VAT Summary for Authors and Buyers
- EU VAT Information for Buyers
- EU VAT Information for Authors
Your promises and responsibilities:
26. As an author you promise to us and each buyer of your items that:
- the item is of acceptable quality and fit for the purpose for which it is ‘sold’;
- the item matches the description given by you on the item preview page, as well as any item preview;
- you will honour any express promises given to buyers that are not contained in the ThemeKeeper Market Terms;
- you have rights necessary to license that item on the terms of the applicable license;
- the buyer’s use of that item in accordance with the terms of the applicable license does not infringe the intellectual property rights of someone else;
- the item and its description are not false, inaccurate, misleading, fraudulent, unlawful or defamatory;
- the item and its description do not violate any applicable law or regulation (including those governing export control, consumer protection, unfair competition, criminal law, pornography, anti-discrimination, trade practices or fair trading);
- the item does not contain viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware.
- where relevant, you have the appropriate model or property release for your item and you can produce a copy of that model or property release when requested by us or a buyer of your item.
27. If you make your items available on ThemeKeeper Market for free, then the promises you make to buyers also apply to anyone who downloads your item from ThemeKeeper Market. In certain circumstances, we may also allow a buyer to purchase an item for another member, and in this case you also agree that these promises apply to the member for whom the item is purchased.
28. You give an indemnity (legal protection) to and are liable to each buyer of your items as stated in sections 51-52 of the ThemeKeeper Market Terms.
As an author you have responsibilities to us and buyers of your items. Take a moment to understand your responsibilities!
29. As an author you promise to us that:
- you will not use ThemeKeeper Market to offer non-ThemeKeeper goods or services to buyers;
- you will not buy your own items;
- you will follow any author guidelines provided by us, act in good faith, and provide assistance and co-operation as we reasonably request;
- information and documentation you give us (like your name and address) is accurate; and
- where you have marked an item as ‘supported’, you will provide buyers of your item with support for the included support period and any support extension period purchased, unless we agree otherwise.
30. Buyers’ use of your item: We are not liable for any loss suffered by you as a result of a buyer or any other person making use of your item contrary to the ThemeKeeper Market Terms or the item’s license.
31. Other authors and affiliates’ use of your item: An ThemeKeeper affiliate can use your item thumbnail previews in their promotion of the ThemeKeeper Market and no compensation is due for these uses. A fellow author may also use a watermarked preview of your item in a preview of their own ThemeKeeper Market item without requiring your permission and without compensating you. The other author must credit you by providing a link to your item on the ThemeKeeper Market.
32. Our use of your item: We may use the whole or part of your items to promote ThemeKeeper. This promotional use may include use in public relations, emails, on a features page, or on other sites (e.g. social networks). No compensation is payable for these uses.
33. Item removal: We have the right to remove an item for any reason, using our reasonable discretion. For example, we may review the libraries to keep the ThemeKeeper Market fresh and full of quality items that meet the latest technical standards and market trends. Also, issues about an item might be brought to our attention such as errors, representations, or even violations. Our goal is always to address these situations with you constructively. We also aim to give you notice before an item is removed, but this is not always feasible or possible, so we can’t guarantee this. We will not be responsible for any loss that you may suffer as a result of your item being removed.
Personal information of members
34. In order to facilitate a transaction on ThemeKeeper Market, we may provide you with relevant buyer information and also may provide buyers with your relevant information (for example for invoicing or item support services). You agree that you will keep buyer information confidential and only use this information for that ThemeKeeper Market transaction.
35. If, over and above what ThemeKeeper provides you with, a member voluntarily provides you with (or your item accesses or uses) usernames, passwords or other personal information of the member (personal information), you must:
- provide a privacy notice, making the member aware of their personal information that you will receive and how you will handle that information;
- obtain the member’s permission to use their personal information;
- use the personal information only for the limited purposes for which the member gave permission; and
- meet any privacy and spam law requirements that apply to you.
Special deals and promotions
36. Sometimes we might negotiate volume sales or other arrangements with buyers as part of creating business development opportunities for authors (special deals). In order for us to make this possible you give us permission to negotiate special deals. We might also offer pricing promotions to ThemeKeeper Market buyers. Generally, this will be covered by our setting of prices (see section 12 – Setting the prices of items). In some cases, if pricing promotions involve a change in the author fee or licensing terms, then it is a special promotion and the following sections are relevant.
37. Given the nature of special deals, the prices of your items under the special deal may vary from the advertised item price. This means that your earnings on the sale of your items in a special deal may not always be determined by reference to the advertised price of your item on the ThemeKeeper Market. Given the nature of special deals and special promotions, the author fee may differ for special deals or special promotions.
38. Before your item is included in a special deal or special promotion, we’ll provide you with information about the special deal or special promotion, item pricing and author fee. You can opt out of participating in a special deal or special promotion if the deal involves a change to the author fee. We will let you know the time frame to opt out, and if you don’t do so, your item will be included in the special deal or special promotion.
39. Special deals and special promotions might also involve you entering supplementary licensing arrangements to allow the buyer to use your item in particular ways. If these supplementary licenses are substantially different from the standard ThemeKeeper Market licenses, you will also have the opportunity to opt out of participating in the special deal or special promotion within the time frame we set out when we make the offer to you.
You will always have the option of opting out of any special deal or special promotion if it involves a change to the author fee. We decide the other details like pricing.
40. Relationship between us and you: Nothing in these terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us. Neither you nor us can act on behalf of the other in any way. However, you appoint us as your limited agent only for these specific purposes:
- for receiving Buy Now payments from buyers (the buyer’s obligation to pay you for an item will be met when they make a Buy Now payment to us or an ThemeKeeper Company);
- for passing on your promises to buyers made in section 21 of the ThemeKeeper Market Terms;
- for limiting your liability to buyers in sections 51-52 of the ThemeKeeper Market Terms.
a member who makes items available for sale on ThemeKeeper Market.
- Author fee
is what you are charged by ThemeKeeper for use of our platform and services as an author.
- Buyer fee:
the fee for the services buyers get from ThemeKeeper like 24/7 buyer support, fraud protection, item quality control and other related buyers services.
- Item price:
the price a buyer pays for an item as detailed in section 9.
- Item support:
the support provided by you to buyers of items you choose to support, as detailed in the item support policy.
- EU Member State
means the countries listed
- List price
is the price you see on an item page on ThemeKeeper Market and is made up of the item price and buyer fee.
Go forth and author!
We’re very glad you’ve made it to the end of this important document. You can head over and read the Author Guide which will run through all the practical and operational stuff you’ll need to know.
We wish you all the very best in selling your items on the ThemeKeeper Market.