AFFILIATE TERMS AND AGREEMENTS
TERMS AND AGREEMENTS
HOMEMADE MOMMY’S AFFILIATE PROGRAM TERMS AND AGREEMENTS
This general agreement is made out to you (the affiliate) from Homemade Mommy. It contains the complete terms and agreements of the affiliate program.
Please Note: “we”, “us”, and “our” refers to Homemade Mommy and “you”, “yours”, “your” refers to the applicant. The term of this agreement will begin once you are accepted into the Homemade Mommy’s affiliate program and will end upon notice of termination from either you or Homemade Mommy.
RIGHTS AND RESTRICTIONS
We reserve the right to accept or reject any affiliate we review. All new affiliate requests will be reviewed and decided upon within 24-48 hours. In the event that we have opted to accept or reject your acceptance as an affiliate we will notify you by e-mail within this 24-48 hour time frame. Homemade Mommy will exercise their own discretion during the decision making process and may decide to decline any application we see necessary.
All affiliates are required to be of legal age to enter into a contractual agreement.
As part of this agreement, all affiliates who are accruing active commissions must do so through a visible Homemade Mommy banner, link or other forwarding method on a publicly viewable website, newsletter, blog, etc. Failure to do so may result in a terminated account.
Affiliates may not purchase or register any search terms, keywords, or other identifiers that include the phrase “Homemade Mommy” (including similar variations; ie., “Homemade Mommy products,” “Homemade Mommy coupon,” etc.) for use in any search engine, directory, portal, sponsored advertising service, or other search service. If we determine that you have engaged in any of the above activities, we may, at our sole discretion, withhold any commissions otherwise payable to you under this Agreement and/or terminate this Agreement.
Affiliate may not earn commissions on any products included in this affiliate program. We will audit sites for publicly viewable links and banners coded with a unique affiliate number.
Affiliates should regularly create original content for their site or provide rich informational resources related to herbs, whole foods, fitness, sustainable living, aromatherapy, natural body care, environmentalism, holistic health topics, culinary recipes, etc.
CANCELLATION
The affiliate account may be cancelled by Homemade Mommy at any time for any reason we feel appropriate. This is usually the result of slander, misrepresentation made to us, spam e mail used to promote the affiliate, posting Homemade Mommy links on unapproved websites, uploading affiliate code through the use of unapproved methods, or sites that we feel might bring Homemade Mommy disrepute, etc. An issued warning letter in the form of e-mail, fax or letter will be sent first. If no reparations have been made, then the affiliates account with Homemade Mommy will be terminated.
All affiliates may cancel their account with Homemade Mommy at any time and for any reason.
Affiliate accounts are non-transferable. The affiliate account will belong to the original registered owner until such time as the account is canceled by either party.
ACCESS TO ACCOUNT MANAGEMENT SERVICES
Immediately after your acceptance into the Homemade Mommy affiliate program you will be emailed links, passwords and the related information necessary to gain access to your control panel. From here you may manage your account and set its parameters. We suggest you keep these invaluable links in a safe place and in a place that is easily accessible by you. If for any reason you lose this information we will be able to re-send it to you.
USE OF GRAPHICS AND LINKS, LIMITATIONS OF USE, AND COOKIE PERIODS
Only HTML code and approved linking information is to be used for the affiliates website. Failure to do so will result in misappropriated commissions. All of the links, graphics, and account management information will be provided to the affiliate after their acceptance into the program. In no way is the affiliate to use graphics or links not approved by Homemade Mommy.
Once a viewer clicks on an affiliate link and places an order with Homemade Mommy that viewer becomes the sole customer of Homemade Mommy. The affiliate will not have access to the customer’s account information, contact information, and will not be allowed to communicate with the customer in regards to their order/s placed with Homemade Mommy. Homemade Mommy is responsible for all customer service, fulfillment, processing, shipping and after-order inquiries made with the customer.
This agreement does not constitute a joint venture, partnership, franchise, or other representative business of Homemade Mommy. The affiliate is being paid as an independent contractor and in no way is this to be interpreted as representation or endorsement by Homemade Mommy.
Homemade Mommy may at any time refuse any particular link, text or referring graphic used to forward a viewer to the Homemade Mommy website. Only approved links, banners, graphics and text may be used.
The use of Homemade Mommy’s affiliate links, or links referring to a particular affiliate link is strictly prohibited through the use of junk mail, e-mail server programs, spam, hit distribution networks, pay-per-click programs, or through mass distribution in chat rooms, on Homemade Mommy’s social networking sites, etc. Homemade Mommy holds sole discretion on what is termed as “inappropriate use” and may at any time close an account if we are given information on inappropriate use.
The cookie period for the Homemade Mommy affiliate program is exactly 90 days. After this 90 day period the viewer must come back to the affiliate’s website and proceed to click a link for commission to be earned.
Commissions will not be reported or recorded by viewers who have set their cookie protection settings to a high standard. This may block and prevent the necessary cookies from being installed thus preventing the accrual of commissions that you as the affiliate may earn.
Homemade Mommy is not responsible for sales lost through high-security settings, firewall parameters, or any other settings or equipment which prevent the necessary cookies from being installed.
Affiliates are solely responsible for the development, operation, maintenance and technical operation of their sites including all materials that appear on their sites and related equipment.
INTERNATIONAL AFFILIATES
We welcome affiliates from the international community but payouts to international affiliates from Homemade Mommy will be made through Paypal and drawn in US funds. There are NO exceptions. If you are unable to accept a US drawn payments made payable with US funds then we will be unable to pay you the commission earned and your account will be terminated. All payments are sent through Paypal on the 5th of each month.
PAYMENT
All commission payouts will be distributed to the Paypal email address provided at registration on the 5th of every month.
The commission to the affiliates is based on 25-50% of the subtotal for each order. You will not receive a commission on taxes and/or shipping charges.
Commissions can be voided within your account for reasons which we will feel are appropriate. This is usually the result of fraudulent orders, excessive clicks from the same IP address, declines from the referred customer’s credit card, or other reasons that facilitate garnishment of commission. In the event that this occurs you will be notified immediately.
We will not be responsible for lost commissions due to improper coding or inoperative links. Homemade Mommy is also not responsible for sales lost through technical issues, such as, service outages, service interruptions, website updates, and server updates.
FRAUDULENT ORDERS AND ORDERS OUTSTANDING
It is possible that we may receive an order that is illegitimate and fraudulent. This usually takes place with a stolen or dispossessed credit card. In the event that we receive an order, which we have conclusive evidence of being fraudulent, we will cancel the order entirely and decommission your account for the commission amount received. If this is to occur you will be notified immediately.
Homemade Mommy LLC reserves the right to decide whether or not a viewer from your site will be serviced, sold to or otherwise catered to.
GRANT OF LICENSE AND RESTRICTED USE
Homemade Mommy LLC grants you a non-exclusive, non-transferable, revocable right to use our banners, advertisements, links, trademarks, logos, and HTML used solely for the purpose of advertising the Homemade Mommy website.
Homemade Mommy holds sole editorial discretion on how links are worded, or described on the affiliates site. Homemade Mommy is not responsible for the creation of the links, which may be posted on your site and will only be involved surrounding editorial review. You also agree to fully cooperate to work with Homemade Mommy to maintain and manage links.
All content on the affiliates website including links, banners, text, etc, leading to any or all content within the Homemade Mommy website is the sole responsibility of the affiliate. Because of the constantly changing nature of the Homemade Mommy website, we hold it to be the affiliate’s responsibility to update and manage their own links leading to the Homemade Mommy website. We are not responsible for alerting the affiliate or making recommendations on when we anticipate changing the links or directions to content on the Homemade Mommy website.
If Homemade Mommy believes that fraudulent clicks have been recorded within your account as a result of masking links, multiple clicks or through embedding the code in a hidden fashion within your pages, or if the commission links have been exploited in any other way, we reserve the right to cancel any or all commissions and if necessary, close the account.
IRS RESPONSIBILITIES
All affiliates are required to provide Social Security numbers or tax ID numbers if the following occurs:
Once an affiliate has accrued over $600.00 dollars in commission payouts, we require a social security number, for United States citizens, of the affiliate who is receiving payments from Homemade Mommy. The IRS requires us to submit a 1099 tax form for contracted business services and because the affiliate is paid and recognized as a “contractor”, this information needs to be accurately gathered and submitted to the IRS. In the event that an affiliate fails to provide this information or wishes to omit this information the affiliates account will be terminated.
CHANGES TO THIS AGREEMENT
Homemade Mommy may change the wording and structure of these terms at any time. When a change to these terms and agreements occurs all affiliates will be notified within 24 hours.
PRIVACY
Your privacy is a major concern for Homemade Mommy. We will not sell, disperse, trade or otherwise decimate your account information to any organization outside of Homemade Mommy.
WARRANTY
Homemade Mommy does not make any guarantees on the ability of the affiliate programs ability to generate income for the affiliate or applicant. We are exempt from all warranty, including, traffic generated, revenue earned, and functionality of the affiliate program.
LIMITATIONS OF LIABILITY
WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL Homemade Mommy CUMULATE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.Indemnification. You agree to indemnify and hold harmless Homemade Mommy and its employees, representatives, officers, agents and affiliates, against any and all claims, suits, actions, or other proceedings brought against Homemade Mommy based on or arising from any claim.(i) That our use of any material provided by you infringes on any copyright, patent, trademark, trade secret or any other intellectual property right of any third party, or(ii) Resulting from your breach of this Agreement or resulting from your breach of any third party intellectual property right or misappropriation of any material, or resulting from any of your defamatory, libelous act or resulting from your violation of any third party right of publicity or privacy. You will pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by Homemade Mommy in connection with or arising from any such claim, suit, action, or proceeding.
Indemnification.
You agree to indemnify and hold harmless Homemade Mommy and its employees, representatives, officers, agents and affiliates, against any and all claims, suits, actions, or other proceedings brought against Homemade Mommy based on or arising from any claim.(i) That our use of any material provided by you infringes on any copyright, patent, trademark, trade secret or any other intellectual property right of any third party, or(ii) Resulting from your breach of this Agreement or resulting from your breach of any third party intellectual property right or misappropriation of any material, or resulting from any of your defamatory, libelous act or resulting from your violation of any third party right of publicity or privacy. You will pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by Homemade Mommy in connection with or arising from any such claim, suit, action, or proceeding.
.Indemnification. You agree to indemnify and hold harmless Homemade Mommy and its employees, representatives, officers, agents and affiliates, against any and all claims, suits, actions, or other proceedings brought against Homemade Mommy based on or arising from any claim.(i) That our use of any material provided by you infringes on any copyright, patent, trademark, trade secret or any other intellectual property right of any third party, or(ii) Resulting from your breach of this Agreement or resulting from your breach of any third party intellectual property right or misappropriation of any material, or resulting from any of your defamatory, libelous act or resulting from your violation of any third party right of publicity or privacy. You will pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by Homemade Mommy in connection with or arising from any such claim, suit, action, or proceeding.
MISCELLANEOUS
In any proceeding to enforce or interpret this agreement, the prevailing party shall be entitled to recover from the losing party its reasonable attorney fees, costs and expenses before and at any trial, arbitration, bankruptcy or any other proceeding and in any appeal or review.
The parties acknowledge and agree that this agreement has been negotiated and entered into in the state of Texas. The parties expressly agree that this agreement shall be governed by, interpreted under and construed and enforced in accordance with the laws of the state of Texas. Venue of any legal proceeding shall be in Travis County, Texas.
