This Affiliate Service Agreement (the “Agreement”) is made by and between The Handmade Home, LLC., a Tennessee Limited liability company (“THH”), and you, as an Affiliate utilizing The Handmade Home service (“You”, “Your”, “Affiliate”).
You must agree to abide by the terms and conditions contained in this Agreement in order to participate. Please read this Agreement carefully before registering and using the Service as an Affiliate. By signing up for the affiliate program, you indicate Your acceptance of this Agreement and its terms and conditions. If You do not accept this Agreement, do not register as an Affiliate.
The following agreement is summarized as follows:
- You promote our products on your site or social media as you see fit, or within non-spam emails.
- From time to time we may email you concerning aspects of the program or to highlight areas of the program.
- We reserve the right to alter the program, including commission with due notice to you.
- We reserve the right to dismiss you from the program and keep any proceeds due you for any behavior that reflects poorly on The Handmade Home or any of it’s owned properties. This includes, but is not limited to hate speech, adult content, or misuse of information or product or any reason we deem to be damaging to The Handmade Home image. There are no warnings.
- You will be paid your commissions, at such time as your account balance is $50 or more. Payments generally are made once a month on or around the 15th and typically after the 1st month you signed up. So if you signed up on April 12 your first payment could be around May 15th.
- All statistics are collected and calculated by The Handmade Home, and will be the only valid stats used for determining commissions.
- THH only ships to the continental US, do not knowingly advertise to any other location.
- You must keep a current W-2 on file with THH as well as current US bank account information in order to be paid. THH will not withhold any taxes and you will be sent a 1099 as an independent contractor. It is your responsibility to pay any tax due the US, State or local governments.
- You won’t hold us liable for anything, your acceptance in this program waives any legal right against THH.
- You cannot SPAM. We will terminate your account on the first offense of SPAMMING. Do not send email to lists or groups that you do not have permission to send to. We cannot stress this enough, we WILL terminate your account on the first offense.
- You may place banners or links within your newsletters, in content of your website, or within other web related content.
- Affiliate accounts that are left inactive will be removed from our system. An abandoned affiliate account is defined as any account that has not been logged in to for a period of 2 months, nor have any transactions been posted to that account. If one or the other of those conditions are true – the account will remain in an active state. If an account is closed all monies will be forfeited.
- NOT ALLOWED: All other uses of banners or links, such as newsgroups, chat rooms, ICQ, message boards, banner networks, hit farms, counters, or guestbooks etc. are NOT allowed.
- NOT ALLOWED: Any placement of creative in a “Desktop” advertising scheme. This includes any and all 3rd party advertising platforms that use a desktop application to display ads in any form.
- NOT ALLOWED: Any display of a merchant window that isn’t the result of a direct click by the end-user.
- Failure to abide by these rules could mean termination from the program, with a complete forfeit of commissions.
- Fraud is a serious offense, and will be treated as such. Fraud is defined as any action that intentionally attempts to create sales, leads, or click-throughs using robots, frames, iframes, scripts, or manually “refreshing” of pages, for the sole purpose of creating commissions. ANY ATTEMPTED FRAUD OR FRAUD WILL RESULT IN MEMBERSHIP TERMINATION AND VOIDED COMMISSIONS.
THH respects the privacy of its users and will not disclose personal information to third parties without the express permission of You and Your company. If You have any questions please contact firstname.lastname@example.org.
CHANGES TO THE SERVICE
THH reserves the right to change, modify, add or remove portions of this Agreement at any time and may add to, change, suspend or discontinue any aspect of the Service at any time. In the event of any material change, THH will notify You via e-mail, newsletter or the THH Web site at least 7 days prior to any such changes taking effect, at which time You may either agree to such changes by continued use of the program or withdraw from the Service.
To sign up as an Affiliate of The Handmade Home and to use the Service, you must be at least 18 (eighteen) years of age, and supply a valid tax-id, which may be your social security number for individuals, or a federal tax-id for corporations or entities. (We will collect a W-9)
THE FOLLOWING TYPES OF SITES ARE NOT ALLOWED TO PARTICIPATE IN the program: ADULT SITES, SITES THAT DISPLAY ADULT BANNERS, SITES THAT PROMOTE VIOLENCE, BIGOTRY, OR HATRED. SITES THAT PROMOTE ILLEGAL ACTIVITY, including but not limited to WAREZ, CRACKING, and HACKING SITES. As part of the registration process, You will select a username and password combination that You use to access Your Affiliate area within the Service. You shall provide THH with accurate, complete and updated registration information. You may not select the name of another person with the intent to impersonate that person or deceive members or other users as to Your true identity. You agree that THH may rely on any data, notice, instruction or request furnished to THH by You which is reasonably believed by THH to be genuine and to have been sent or presented by a person reasonably believed by THH to be authorized to act on Your behalf. You shall notify THH by e-mail at email@example.com of any known or suspected unauthorized uses of Your Account, or any known or suspected breach of security, including loss, theft or unauthorized disclosure of Your username and password. You shall be responsible for maintaining the confidentiality of Your username and password and You are responsible for all usage and activity on Your Account, including use of the account by a third party authorized by You to use Your Account. Any fraudulent, abusive or otherwise illegal activity may be grounds for termination by THH and referral to the appropriate law enforcement agencies.
You represent to THH that all content You provide to the Service is solely owned by You or provided by You with the express authority of the company You represent, does not infringe upon any other individual’s or organization’s rights (including, without limitation, intellectual property rights) and is not defamatory, libelous, unlawful or otherwise objectionable. You shall not provide, promote, distribute, place or otherwise publish as an Affiliate of the Service any content, or Web site that includes content, which is libelous, defamatory, obscene, pornographic, abusive, fraudulent or violates any law. As THH may not review all information provided by You, You shall remain solely responsible for Your content and Web site.
The Service, its operation, its use and the results of such use shall be performed in a workmanlike manner. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THH DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE SERVICE, ITS USE AND THE RESULTS OF SUCH USE. WITHOUT LIMITING THE FOREGOING, THH SPECIFICALLY DISCLAIMS ANY WARRANTY (A) THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, (B) THAT DEFECTS WILL BE CORRECTED, (C) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS, (D) THAT THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT, OR (E) REGARDING CORRECTNESS, ACCURACY, OR RELIABILITY. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THH will make reasonable commercial efforts to keep its transaction service operational during normal business hours. However, certain technical difficulties may, from time to time, result in temporary service interruptions. Affiliate understands and acknowledges that it is normal to have a certain amount of system downtime and further agrees not to hold THH liable for any of the consequences of such interruptions. THH SHALL HAVE NO LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF ANY WEB SITE OF AFFILIATE OR AFFILIATE CUSTOMER DATA FILES OR SYSTEMS OR PROGRAMS THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES. THH SHALL HAVE NO LIABILITY WITH RESPECT TO THH OBLIGATIONS HEREUNDER OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF THH HAS BEEN NOTIFIED OF SUCH DAMAGES. ANY LIABILITY OF THH HEREUNDER SHALL BE LIMITED TO THE REVENUE EARNED BY MERCHANT AS A DIRECT RESULT OF THIS AGREEMENT.
LIMITATION OF LIABILITY
THH OR ITS SUPPLIERS OR RESELLERS OR MERCHANTS SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR (I) ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING OUT OF THE USE OF OR INABILITY TO USE THE THH SERVICE OR ANY INFORMATION PROVIDED ON THE THH WEB SITE OR ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, EVEN IF THH OR A THH AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEB SITE OR ANY HYPERLINKED WEB SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THH’S LIABILITY IS LIMITED TO THE SMALLEST AMOUNT PERMITTED BY LAW. THIS PARAGRAPH WILL SURVIVE THE FAILURE OF ANY EXCLUSIVE OR LIMITED REMEDY.
You agree that THH, although the provider of the Service, has no responsibility or liability as a result of Your placement of authorized Links from Your Web site, social channels or anywhere else the links are placed. You agree to indemnify, defend, and hold harmless THH and its affiliates, officers, directors, employees and agents from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys’ fees) directly or indirectly arising from or relating to any offer or any other matter related to this Agreement or the subject matter hereof and any dispute relating thereto.
THH agrees to indemnify, defend, and hold harmless Affiliate and its affiliates, officers, directors, employees and agents from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys’ fees) directly or indirectly arising from or relating to THH negligence or willful misconduct in performance of the Services or its breach of this Agreement.
THH acknowledges that in the course of this Agreement it shall have access to confidential and proprietary information (“Confidential Information”) of Yourself or your company. THH agrees not to disclose or disseminate the Confidential Information without Your prior express written consent. The term “Confidential Information” shall not include information that is or becomes part of the public domain through no action or omission of THH, that becomes available to THH from third parties without knowledge by THH of any breach of fiduciary duty, or that THH had in its possession prior to the date of this Agreement. THH does not collect information about a customer transactions, other than what is passed to us through the installed tracking code and displayed on Your own transaction reports. Any information we receive is used solely for tracking and Commission payment purposes. THH reserves the right to be able to utilize this data in aggregate to analyze Service trends, monitor Service efficiencies, and perform such other analysis as THH deems appropriate.
OWNERSHIP AND LICENSES
You, the Affiliate, are granted a non-exclusive, limited, revocable right to use provided trademarks and banners. All images, technology and content provided for Your use is and shall remain the sole property of THH, and no part thereof shall be deemed assigned or licensed to You except as explicitly provided for herein. All intellectual property rights, including trademarks, copyrights, patent rights or applications, tradenames and service marks related to the foregoing shall remain THH’s sole property, including rights in and to any derivatives thereof. You may not modify the trademarks, banners, the content or any of the images provided to You in any way.
THH may immediately terminate Your license to use the marks if THH believes that such use dilutes, tarnishes or blurs the value of their marks. You acknowledge that Your use of the marks will not create in You, nor will You represent that You have, any right, title or interest in or to the marks other than the license granted by THH above. You will not challenge the validity of or attempt to register any of the marks or Your interest therein as a licensee, nor will You adopt any derivative or confusingly similar names, brands or marks or create any combination marks with the marks. You acknowledge THH ownership and exclusive right to use the marks and agree that all goodwill arising as a result of the use of the marks shall inure to the benefit of THH.
THH makes no representations whatsoever about any other Web site which You may access through the Service. In addition, a link to a non-THH Web site does not mean that THH endorses or accepts any responsibility for the content or the use of such Web site.
Affiliate may not assign this Agreement to any successor or affiliate.
Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes or any other cause which is beyond the reasonable control of such party.
This Agreement shall be governed by Tennessee, USA law (except for conflict of law provisions). The exclusive forum for any actions brought in connection with this Agreement shall be in the state and federal courts in and for the State of Tennessee, USA and You consent to such jurisdiction.
This Agreement represents the complete agreement concerning this license and may be amended only by a writing executed by THH and accepted by YOU in the form of continued use of the program. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.