HubSpot Theme Accelerator Program Terms & Conditions

THESE PROGRAM TERMS (“TERMS”) GOVERN YOUR PARTICIPATION ON BEHALF OF YOUR ORGANIZATION IN THE HUBSPOT THEME ACCELERATOR PROGRAM (“THEME ACCELERATOR PROGRAM”). BY SUBMITTING AN APPLICATION FOR THE HUBSPOT THEME ACCELERATOR PROGRAM AND BEING SELECTED TO PARTICIPATE IN THE THEME ACCELERATOR PROGRAM, YOU, ON BEHALF OF YOURSELF AND YOUR ORGANIZATION (COLLECTIVELY, “YOU”, “PARTICIPANT”), AGREE TO THESE TERMS. IF ANY OF THESE TERMS ARE NOT COMPLIED WITH, PARTICIPATION MAY BE FORFEITED, INCLUDING RECEIPT OF ANY COMPENSATION, AND ANY COMPENSATION PAID MAY NEED TO BE REPAID TO HUBSPOT, ALL IN ITS SOLE DISCRETION.

The HubSpot Theme Accelerator Program is a program to align with talented developers to provide high quality, affordable themes to be offered on a HubSpot marketplace (the “Purpose”). The Theme Accelerator Program is offered and administered by HubSpot, Inc. (“HubSpot”). The HubSpot Theme Accelerator Program is an initiative for participants to complete a theme for our marketplace. Each accelerator will have its own designated requirements and timelines, as well as a value proposition for participating. Any incentives and marketing opportunities may be offered at HubSpot’s sole discretion.

PARTICIPANTS MUST NOT BE A RESIDENT OF ANY U.S. EMBARGOED COUNTRIES AND TERRITORIES AS DESIGNATED BY THE U.S TREASURY’S OFFICE OF FOREIGN ASSETS CONTROL (“OFAC”). PARTICIPANTS AGREE TO PROVIDE HUBSPOT WITH WRITTEN CONFIRMATION OF THE COUNTRY OF RESIDENCY AT ANY TIME UPON REQUEST.

As a condition of participating, each Participant must:

• Attend all virtual training sessions for the duration of the program.
• Agree to adhere to the Theme Accelerator Program’s confidentiality rules, including keeping other Participants’ information confidential.
• Agree to and abide by HubSpot’s guidelines at  https://developers.hubspot.com/docs/cms/marketplace-guidelines.
• Create at  2 or more themes (only upon written approval by HubSpot) and submit these theme listings to HubSpot's Website Themes and Templates, and make any changes required for that theme to be approved for the Website Themes and Templates.
• Requirements will vary in each Accelerator, and may include the following:
• Leverage HubSpot’s CMS Boilerplate as a starting point and include any current updates made to the Boilerplate.
• Free to download/install.
• Score 75+ on mobile, 85+ on desktop on Google PageSpeed Insights.
• Agree to allow HubSpot to securely access your portal in order review accelerator-related assets to ensure compliance with the Theme Accelerator Program requirements and for general support.
• Agree to abide by the Theme Accelerator Program schedule and theme submission deadlines. See your applicable program kickoff deck(s) for due dates and any additional requirements.

All of the information and materials supplied by Participants is referred to as "Participant Content." If you do not provide all required information, your application will not be considered.

Participant Content must meet the following requirements, as determined by HubSpot in its sole discretion:

• Not infringe, misappropriate, or violate any rights of any third party including, without limitation, intellectual property rights, rights of privacy or publicity; 
• Only include content about persons or entities from whom the Participant has all necessary permissions and rights (Participant agrees to provide HubSpot with written confirmation of those permissions and rights upon request); and 
• Applications must be in English.

You are solely responsible for complying with all applicable national and local laws, rules, or regulations in connection with your participation in the Theme Accelerator Program. Proof of your application (such as, without limitation, a screenshot of your application) does not constitute proof of actual receipt of a submission for purposes of this Theme Accelerator Program. Applications will not be returned and, in fact, may be destroyed after the Theme Accelerator Program is over. Keep a copy of each element of your application. Applications that are incomplete, illegible, corrupted, damaged, destroyed, altered, false, lost, late, misdirected, garbled or otherwise not in compliance with these Terms will not be accepted and will be void.

As a condition of participating, Participants hereby agree as follows:

• To read, complete, agree to, and sign additional documentation that, among other things, provides information for tax and legal compliance purposes and confirms the requirements and conditions of these Terms; and
• That the natural person filling out the Theme Accelerator Program application is an authorized representative of the organization identified in the application.

Compensation may be offered at HubSpot’s discretion. If compensation is included in your applicable Theme Accelerator Program, each Participant may be eligible to earn up to $10,000 USD per theme in compensation paid by HubSpot, provided that the Participant meets all the requirements of the applicable Theme Accelerator Program. Compensation is dependent upon the number of downloads per theme on HubSpot’s Website Themes and Templates in active HubSpot portals as outlined below. Compensation will be awarded based only on two approved themes submitted by each Participant, unless HubSpot expressly agrees that the Participant may submit more than two themes for compensation and this will be determined on a case-by-case basis. 

• See applicable program kickoff deck(s) for milestone payment schedule.
• Install counts will exclude trials of CMS Hub.
• HubSpot reserves the right to refuse compensation to Participants who submit fraudulent downloads or otherwise tamper with the submission process. 

As a condition of participating, Participants hereby agree as follows if selected as a successful recipient:

• Each Participant must provide any additional documentation or verification, including, but not necessarily limited to, verification of full name and country of residence as reasonably requested by the HubSpot.
• In order to receive compensation, the successful recipient will be required to sign and return to HubSpot, affidavit(s) of eligibility (or a similar verification document) and any applicable tax forms (“Required Forms”). Deadline to submit Required Forms is five (5) business days after the Required Forms are sent.
• Compensation is payable by any means of the HubSpot’s choosing and is payable only after receipt and verification of the Required Forms. A Participant may be required to provide a mailing address, bank information, and/or create an account with an electronic payment provider of HubSpot’s choosing in order to receive payment.
• Failure to provide correct information on the Required Forms, or other correct information required for the delivery of compensation, may result in delayed compensation delivery, disqualification of the Participant, or forfeiture of any compensation.

If for any reason you cannot make use of any or all benefits offered in connection with the Theme Accelerator Program, you forfeit those benefits and HubSpot has no obligation to you. Separate terms and conditions may apply to certain benefits and your use of those benefits. The benefits made available by third parties, if any, are subject to terms and conditions agreed to between you and each such third party; HubSpot is not a party to any such agreement and does not and will not have any liability or obligation with respect to such benefits. 

In connection with your participation in the Theme Accelerator Program, you may acquire information that is confidential or proprietary in nature. In addition to the other confidentiality obligations set forth in these Terms, you agree to use such confidential information only in connection with your participation in the Theme Accelerator Program and agree to hold in confidence and to not disclose confidential information to any person or entity without the prior written consent of HubSpot. You agree to keep confidential and secure any and all login and other information used to access the Theme Accelerator Program benefits. You understand and agree that a violation of this confidentiality obligation may result in immediate termination from the Theme Accelerator Program, among other remedies that may be sought by and available to HubSpot. All of the foregoing confidentiality obligations apply to and are binding upon all Theme Accelerator Program participants.

If you are participating as an employee or agent of a company or organization, you represent and agree that: (1) you are acting within the scope of your role at a company or organization that has been approved by HubSpot to participate in the Theme Accelerator Program; (2) an authorized agent of your company or organization has agreed to these Terms; (3) you understand and agree that these Terms are binding on you, individually, and your company/organization; (4) you warrant that you have authority to participate in the Theme Accelerator Program from your company/organization and that your company/organization has full knowledge of your actions and has consented thereto; (5) your actions in connection with this Theme Accelerator Program are consistent with and abide by your company’s/organization’s policies and procedures; and (6) your participation in the Theme Accelerator Program is subject to your company’s/organization’s continued participation in the Theme Accelerator Program in HubSpot’s sole discretion. If your company’s/organization’s Theme Accelerator Program participation is discontinued for any reason, your participation will be terminated and you and your company/organization must immediately forfeit any and all benefits or access to the benefits. 

Purchase of HubSpot’s products and services is not a requirement or expectation to be selected as a Theme Accelerator Program participant. Each Theme Accelerator Program participant acknowledges that participating in the program does not confer upon the Participant any special recognition, endorsement, or affiliation with HubSpot.

Subject to the license grant described in this section, any applicable intellectual property rights to the Participant Content will remain with the Participant. By participating in the Theme Accelerator Program, Participant grants to HubSpot, its Affiliates, and any other third party acting on HubSpot’s behalf, a royalty-free, non-exclusive, irrevocable, fully transferable, assignable, sublicensable, worldwide, perpetual license to publicly perform and display the Participant Content for promotional purposes and to access the portal which hosts the Participant Content solely for (i) testing and ensuring compliance with the Theme Accelerator Program requirements and (ii) providing support to Participant. This license grant includes, but is not limited to, posting or linking to the Participant Content on HubSpot’s, its Affiliates and third party websites and applications, including the HubSpot Website Themes and Templates, and displaying and promoting the Participant Content in any other media now known or hereinafter developed. Except as specified in these Terms, neither Participant nor HubSpot acquires any ownership rights under these Terms to any trademarks, copyrights, patents, trade secrets or other intellectual property of the other.

By participating in the Theme Accelerator Program (except where prohibited by law), each individual participant, on their behalf and on behalf of their organization, grants HubSpot the irrevocable, sublicensable, absolute right and permission to use, publish, post or display the individual’s name, photograph, likeness, voice, biographical information, any quotes attributable to her or him and any other indicia of persona (regardless of whether altered, changed, modified, edited, used alone, or used with other material in HubSpot’s sole discretion), and organization name and logo for advertising, trade, promotional and publicity purposes without further obligation or compensation of any kind to her or him or the organization, anywhere, in any medium now known or hereafter discovered or devised (including, without limitation, on the Internet), worldwide, without any limitation of time, and without notice, review, or approval and each entrant releases HubSpot from any and all liability related thereto. Nothing contained in these Terms obligates HubSpot to make use of any of the rights granted herein and entrant waives any right to inspect or approve any such use.

HubSpot reserves the right, in its sole discretion, to discontinue compensation and take other steps they deem appropriate if it’s not satisfied with the Theme Accelerator Program participation.

HubSpot’s decisions will be final in all matters relating to this Theme Accelerator Program, including interpretation of these Terms and acceptance or rejection of potential Theme Accelerator Program participants at any time.

Participants agree to not damage or cause interruption of the Theme Accelerator Program and/or prevent others from participating in the Theme Accelerator Program. HubSpot reserves the right to restrict or void participation from any IP address, email address or domain, device, or other designator or identifiable source if any fraudulent or harmful participation is suspected, as determined by HubSpot in their sole discretion. HubSpot further reserves the right to disqualify any Participant who HubSpot believes has attempted to tamper with or impair the administration, security, fairness, or integrity of this Theme Accelerator Program. ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE ACCELERATOR PROGRAM MAY VIOLATE CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, HUBSPOT MAY DISQUALIFY ANY PARTICIPANT MAKING SUCH ATTEMPT AND MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.

If HubSpot determines at any time in their sole discretion that a Theme Accelerator Program participant is disqualified, ineligible, or in violation of these Terms, HubSpot reserves the right in their sole discretion to remove the participant from the Theme Accelerator Program and select an alternate participant. If the Theme Accelerator Program is not capable of running as planned for any reason, HubSpot reserves the right, in their sole discretion, to cancel, modify or suspend the Theme Accelerator Program.

In the event there is an alleged or actual ambiguity, discrepancy, or inconsistency between disclosures or other statements contained in any Theme Accelerator Program-related materials and these Terms (including any alleged discrepancy or inconsistency within these Terms), it will be resolved by HubSpot in HubSpot’s sole discretion. Participants waive any right to claim ambiguity in the Theme Accelerator Program or these Terms. HubSpot’s failure to or decision not to enforce any provision in these Terms will not constitute a waiver of that or any other provision. The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Terms will otherwise remain in effect and will be construed in accordance with their Terms as if the invalid or illegal provision were not contained in these Terms. HubSpot reserves the right, in its sole discretion, to modify these Terms, or any part of it, at any time.

EACH PARTICIPATING INDIVIDUAL AND ORGANIZATION AND EACH OF ITS AGENTS AND REPRESENTATIVES, AGREES TO RELEASE AND HOLD HARMLESS HUBSPOT, AND ITS  SUBSIDIARY COMPANIES, AFFILIATES, REPRESENTATIVES, CONSULTANTS, SUB-CONTRACTORS, SUPPLIERS, DISTRIBUTORS, LEGAL COUNSEL, ADVERTISING, PUBLIC RELATIONS, PROMOTIONAL, FULFILLMENT AND MARKETING AGENCIES (COLLECTIVELY, THE “RELEASED PARTIES”) FOR ANY LIABILITY WHATSOEVER ASSOCIATED WITH PARTICIPATION IN THIS THEME ACCELERATOR PROGRAM, INCLUDING, WITHOUT LIMITATION, FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH THE USE, ACCEPTANCE, POSSESSION, MISUSE OR AWARDING OF ANY COMPENSATION, OR WHILE PREPARING FOR, PARTICIPATING IN ANY THEME ACCELERATOR PROGRAM-RELATED ACTIVITY. EACH THEME ACCELERATOR PROGRAM PARTICIPANT AGREES THAT THE THEME ACCELERATOR PROGRAM IS PROVIDED AS-IS WITHOUT ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO ITS USE OR ENJOYMENT, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Employees, officers, directors, members, managers, agents, and representatives of the Released Parties are not responsible and/or liable for any of the following, whether caused by a Released Party, the Participant, or by human error (except to the extent that any of the following occur for reasons within HubSpot’s reasonable control, if applicable law in your jurisdiction of residence dictates that liability to the injured party in such a case cannot be excluded by law): any lost, late, postage-due, incomplete, illegible, incomprehensible, mutilated, or misdirected email, mail, or Theme Accelerator Program-related correspondence or materials; any error, omission, interruption, defect, or delay in transmission or communication; viruses or technical or mechanical malfunctions; interrupted or unavailable telephonic, cellular, cable, or satellite systems; errors, typos or misprints in these Terms, in any Theme Accelerator Program-related advertisements or other materials; failures of electronic equipment, computer hardware or software; lost or unavailable network connections or any failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications; technical or human error which may occur in the administration of the Theme Accelerator Program or the processing of applications; or any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Participant's participation in the Theme Accelerator Program.

Without limiting any other provision of these Terms, no Released Party is responsible or liable for any injury or damage to the persons or property of the Participant or any third party based on use by such party of the Participant Content made available as part of this Theme Accelerator Program. Released Parties are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or for insufficient space in a person’s email account or voicemail inbox to receive email or voice messages. Released Parties are not responsible, and may disqualify a Participant, if any contact information provided by the Participant does not work or is changed without giving prior written notice to HubSpot. Without limiting any other provision in these Terms, the Released Parties are not responsible or liable to any Participant (or any person claiming through such Participant) for any inability to proceed with the Theme Accelerator Program at any stage or failure to provide any Theme Accelerator Program benefits, in the event that any of the Theme Accelerator Program activities or HubSpot’s operations or activities are affected, as determined by HubSpot, by any cause or conference beyond the sole and reasonable control of the applicable Released Party (as determined by HubSpot in its sole discretion).

EXCEPT WHERE PROHIBITED BY LAW, ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION BETWEEN A PARTICIPANT AND ANY RELEASED PARTY ARISING OUT OF OR CONNECTED WITH THIS THEME ACCELERATOR PROGRAM OR THESE TERMS MUST BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION OR LEGAL ACTION ON BEHALF OF ANY GROUP. FURTHER, IN ANY SUCH DISPUTE, UNDER NO CIRCUMSTANCES WILL A PARTICIPANT BE PERMITTED OR ENTITLED TO OBTAIN AWARDS FOR, AND HEREBY WAIVES ALL RIGHTS TO CLAIM PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES, INCLUDING ATTORNEYS' FEES, OTHER THAN THE PARTICIPANT’S ACTUAL OUT-OF-POCKET EXPENSES (IF ANY), NOT TO EXCEED TEN DOLLARS ($10) AND EACH PARTICIPANT FURTHER WAIVES ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR INCREASED.

This Theme Accelerator Program and any dispute arising under these Terms or related to these Terms or the Theme Accelerator Program (whether for breach of contract, tortious conduct, or otherwise) will be governed by the laws of the Commonwealth of Massachusetts, without regard to the conflict of laws provisions thereof. Any legal actions, suits or proceedings related to this Theme Accelerator Program (whether for breach of contract, tortious conduct, or otherwise) will be brought exclusively in the state or federal courts located in Boston, Massachusetts, and each Participant accepts and submits to the personal jurisdiction of those courts with respect to any legal actions, suits or proceedings arising out of or related to this Theme Accelerator Program.

HubSpot collects personal information from you when you participate in the Theme Accelerator Program. The information collected is subject to HubSpot’s Privacy Policy located at https://legal.hubspot.com/privacy-policy.