Elegant Marketplace Developer Terms and Conditions
Becoming a vendor on the Marketplace is easy but we also like you to read and understand your obligations (and ours).
To be clear – all vendors who are exclusive to us get the best deal – 70% of all sales go to you as a vendor. All Transaction costs including sending you payments are covered by us. We cannot control any costs incurred through PayPal, Payoneer or western Union charging conversion fees so that is all you will pay if at all.
All Demo sites will have a clear link back to your products on the Elegant Marketplace and no links will be sent to your own sites. Elegant Marketplace is the largest Marketplace of its kind for Divi Themes, Plugins and Modules. Our Marketplace promotes your products and helps grow your business. Should you wish to offer alternative licensing via our platform please see the dashboard once you have been accepted as a Vendor.
We put your products, whether it is plugins, child themes, or something else, in front of thousands of people who already use Elegant Themes, WordPress and other page builders like Elementor and Beaver Builder. This is a terrific way for you, as a Developer, to create a passive income stream, and we wish you the best of luck in selling with us here at EMP
Becoming a Developer is easy and if you’ve reached this point then you’re already a member and you’ve accepted our EMP Terms and Conditions. These additional terms for Developer (‘Developer Terms’) are an extra part of the EMP Terms that apply specifically to Developers in The Marketplace.
You’ll need to agree to them before we agree to sell your product or service. These govern the relationships, rights and obligations of Developer’s to us and buyers using the Elegant Marketplace. You agree to put your items on Elegant Marketplace and make them available to buyers on the basis stated in the Elegant Marketplace Terms and these Developer Terms. It is your responsibility to keep up to date with our terms and conditions and review them to ensure you continue to agree with them.
As a Developer in the EMP you have responsibilities to us and buyers of your items. Please take the time to review these Developer Terms carefully.
- When we say ‘you’ in these Developer Terms we are referring to you, the provider. All other words defined or explained in the Elegant Marketplace Terms have the same meaning here. If there’s any inconsistency between what we say in these Developer Terms and what is in the Elegant Marketplace Terms, what we say in these Developer Terms prevails.
- Read on for details about your developer responsibilities, the process of selling your items on the Elegant Marketplace and how you can earn money with us.
Becoming a Developer:
- Becoming a Developer is free for 60/40 and 70/30 split – for 80/20 split see here and 5a of these terms
Becoming a Developer and putting your items up on the Elegant Marketplace goes through a review process before your items go live this can take up to 5 workign days as we need to check compliance and quality. There are a few things you promise in exchange for the right to be a Developer, which are outlined in these Developer Terms.
- When you add a product to the Elegant Marketplace the minimum term is 12 months from first listing
- The process to become a Developer:
There are easy steps you follow to sign up as a Developer. Simply apply here. Follow the instructions to apply for a developer and we will then contact you to discuss the sales price and any appropriate charges we may make to you for listing your product.
How selling your items works:
- The list price is the price you see on an item page on Elegant Marketplace and is made up of two components: Item price (License): When you ‘sell’ an item, you’re making your item available to buyers 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 to use that item under the various types of license terms that you set and are applicable to your items.
- As a Developer, you set the license terms, not us, the product is yours and it is up to you to determine how you want to license it to a buyer. (We do prefer an unlimited use license however as this helps us to differentiate from ‘other’ marketplaces). Display of your item may include a link to your demo page – if this is the case the following are terms that have been added for our protection as a marketplace and to facilitate sales within our marketplace. Please note them and by becoming a developer in our marketplace you agree to abide by this clause.
- There is no buyer services fee applied to customers purchases.
When you become a developer, you can choose to make your items available exclusively on the Elegant Marketplace 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. Should you start as an exclusive developer and you then appear on another marketplace or offer an affiliate scheme to generate leads to your own store (please see addendum 7 below) – we reserve the right to amend your percentage agreement to that of non-exclusive.
- **Amended 02/03/2017. Developers accepted on our marketplace from the 1st of March 2017 who have their own shop will be regarded as NON-EXCLUSIVE and be subject to the 60/40 split. Developers who also offer an affiliate scheme to third parties for the generation of leads to their own store will also become non-exclusive as of the 1st of May 2017.
5a added 10th February 2019
You can now earn 80% commission on all your sales – see here for details.
- Your earnings; developer fee:
When your item is sold on Elegant Marketplace, you will earn the item price component of the list price less a Developer fee that we charge. The developer fee is what you are charged by the Elegant Marketplace for use of our platform and services as a developer. The Developer fee is determined by whether you are selling the item only on Elegant Marketplace exclusively. Typically 30% of sales price for exclusivity or 40% should you wish to sell your themes on other marketplaces or your own store.
- We have the option to set the prices of items and base it on your preferred sales price and marketplace and market norms:
We know how valuable your creations are to you and so we endeavor to make the price of your items fair and in line with the going market rate. Even so, you acknowledge and agree that we have absolute control over the prices for Elegant Marketplace items. Should your themes, plugins or services be listed on other stores, we reserve the right to ‘price match’ accordingly. We also reserve the right to offer your items to the general public at a reduced rate via a voucher, sale or any other promotional means that we see fit to increase sales of your item and others.
When you think you’ve created an item suitable for the Elegant Marketplace, you will submit that item to us via your vendor upload product facility which will be held in a moderation queue to enable us to check the quality and whether it contains adequate information for buyers. 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 the Elegant Marketplace.
- Your product demo and or instructions for installing the theme may not contain any links re-directing our customers to any other shop or marketplace. If you decide to have a “Buy Now” call to action button, a video demo for installation purposes or a call to action within your installation package, we will ask you to remove it prior to publication of your product on our store. All links from your documentation and demo’s must be linked to Elegant Marketplace. All demo’s and documentation will be reviewed before the product is published in our marketplace. If we find that a demo has been changed and no longer meets these criteria, we have the right to remove that item until the demo has been corrected. We will not be responsible for any loss that you may suffer as a result of your item being removed.
How do payments of earnings work?
These sections explain how earning income works on the Elegant Marketplace and important information about payments to your account, and withdrawals and deductions from your account. Take a close look!
10. We will pay you the item price component of the total price less the Developer fee (‘your earnings’ or ‘earnings’). In order for us to do this, you grant Elegant Marketplace permission to collect payments for your items, to credit your Elegant Marketplace account with your earnings, and to distribute your earnings to you.
- To avoid any confusion, only your earnings from the sale of your items will be payable to you.
- Thresholds: We’ll make payments of your earnings based on certain minimum threshold amounts.
- Earnings payment timing and methods We will make an automatic payment to you at the 1st of each calendar month or soon after if that day is a weekend or bank holiday if your balance exceeds $50 US. You must provide us with the correct details and the only payment method we accept is via your PayPal email address. Any transactional costs you may incur from your payment facilitator are yours to bear. VAT is charged on every transaction for all European countries, we do not, therefore, require a VAT invoice from you. It is a condition of European law that anyone selling Digital items – especially a Marketplace, must charge VAT at each individual EU countries rate to businesses and individuals who live or who are registered within the EU – do not let anyone tell you any different. As a Vendor, you are NOT responsible for the collection of VAT on your Products as for the purposes of VAT, we own them and you earn a commission from their sale.
- 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 undeveloped transactions (which we don’t control). If an Elegant Marketplace transaction on an item is subject to payment agents’ refunds, chargeback, fees, and undeveloped transactions, we may automatically deduct those amounts from your Elegant Marketplace account.
From MAY 2019 we will be paying commissions from the preceding month on the 10th of the following month. This is to take into account the larger number of credit card payments we are receiving via Stripe payments which can take up to ten working days to clear into our banking facilities. We have been financing these payments from our own cash flow for two years now and it has stifled our growth plans. Please be aware, if this causes any difficulty for you as a Vendor we are, of course, happy to make interim payments after discussion.
We may also decide to issue a credit or refund to a buyer in certain circumstances involving issues with your item, or transactions may be reversed for other reasons. If that happens, we reserve the right to deduct from your Elegant Marketplace account any amount that would otherwise be payable to you.
- 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:
a. We do not have the correct payment details;
b. We can’t contact you using the contact details that you have supplied;
c. 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.
- Currency conversions: Whenever we make a payment to you as a developer, 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).
- Holding earnings:
If we decide that an item of yours does not comply with an applicable law or any of our rules of submission, including the Elegant Marketplace Terms and these Developer terms, we can at our discretion, disable the item or your membership. We may also hold any earnings on that item for up to 12 months or longer depending on your continuing communications with us, and may only release those held earnings during that period if we are satisfied that any dispute or issue about your item has been resolved.
- Buying items: If you buy an item from the Elegant Marketplace you must pay for that item through your own payment facility as we will not issue products to you through your account even if your Developer account is in credit.
- Taxes: As a developer on Elegant Marketplace, you are responsible for paying any personal taxes that apply.
If required by law, we may deduct or withhold taxes (including withholding tax) in connection with you being a developer. 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 and other information from you that may be used for tax purposes (so the information you give us must be accurate).
We will issue invoices (or in some cases tax invoices) for transactions between ourselves and buyers on Elegant Marketplace. You will receive compensation via PayPal as already indicated in the form of a commission payment – therefore, an invoice is not necessary from us to you.
Your promises and responsibilities
- As a developer, you promise to us and each buyer of your items that:
You own or have rights to use the intellectual property rights in that item and that item does not infringe the intellectual property rights of a third party;
The item is not false, inaccurate, misleading, fraudulent, unlawful or defamatory;
The item does 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. As a Developer, you have responsibilities to us and buyers of your items. Take a moment to understand your responsibilities!
22. As a Developer you promise to us that you will: Not use Elegant Marketplace to offer non-Elegant Marketplace goods or services to buyers;
Not buy your own items;
Follow any developer guidelines provided by us, act in good faith, and provide assistance and co-operation as we reasonably request.
23. Buyers’ use of your item:
We are not liable for any loss suffered by you as a result of a buyer making use of your item contrary to the Elegant Marketplace Terms or the item’s license.
24. Other Developers and use of your item:
A fellow Developer may use a watermarked preview of your item in a preview of their own Elegant Marketplace item without requiring your permission and without compensating you. The other Developer must credit you by providing a link to your item on the Elegant Marketplace.
25. Our use of your item:
We may use the whole or part of your items to promote the Elegant Marketplace. 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.
26. 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 Elegant Marketplace 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 cannot 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:
- In order to facilitate a transaction on Elegant Marketplace, 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 Elegant Marketplace transaction.
- If over and above what the Elegant Marketplace 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; All buyer information is the property of Elegant Marketplace and will not be supplied to the developer in bulk – any updates that the developer makes to their product will always be announced through Elegant Marketplace. Should your product be delisted for any reason, you as a developer hold true that you will send us any and all updates of your product so as to keep our membership fully able to update the product concerned in perpetuity.
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;
- Sometimes we might negotiate volume sales or other arrangements with buyers as part of creating business development opportunities for Developer (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 Elegant Marketplace buyers. Generally, this will be covered by our setting of prices (see section 11 – We set the prices of items). In some cases, if pricing promotions involve a change in the developer fee or licensing terms, then it is a special promotion and the following sections are relevant.
- 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 Elegant Marketplace. Given the nature of special deals and special promotions, the developer fee may differ for special deals or special promotions
- The 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 bind each other in any way. We are, however, your agent only for the limited purposes of your warranties to buyers in section 19 – What developers promise you about items of the Elegant Marketplace Terms and the disclaimer of your liability to buyers in section 49 –Disclaimer of the Elegant Marketplace Terms.
Developer: a member who makes items available for sale on EMP.
Developer fee is what you are charged by way of percentage by the EMP for use of our platform and services as a Developer.
Buyer services fee: the fee for the services buyers get from the EMP like 24/7 buyer support, fraud protection, item quality control and other related buyers services.
Item price: the price a buyer pays for the relevant license for the right to use that item as detailed in section 8(a).
List price: is the price you see on an item page on Elegant Marketplace and is made up of the item price and buyer services fee.
Go forth and develop!
We’re very glad you’ve made it to the end of this important document. We wish you all the very best in selling your items on EMP.
Version 1.12 Grammar, punctuation and spelling corrections, New Subscribed Vendor Rate added and payment dates changed – Effective date: 20th March 2019