Welcome to the Home
Assure Affiliate
Agreement
("Agreement"). This
Agreement sets forth
the terms and
conditions under
which Home Assure,
LLC ("HomeAssure.com")
makes the
HomeAssure.com
Affiliate ProgramTM ("Affiliate
Program") available
to you. By becoming
a HomeAssure.com
Affiliate and using
the Affiliate
Program you
expressly agree to
be bound by and
follow all terms and
conditions set forth
in this Agreement.
If you do not agree
to be bound by this
Agreement, your sole
recourse is not to
participate in the
Affiliate Program.
HomeAssure.com
reserves the right
to add, delete
and/or modify any of
the terms and
conditions contained
in this Agreement,
at any time and in
its sole discretion,
by posting a change
notice or a new
agreement on the
HomeAssure.com Web
Site. In the event
of substantive
changes to the terms
of this Agreement,
you may be notified
by email. If any
modification is
unacceptable to you,
your only recourse
is to terminate this
Agreement and your
participation in the
Affiliate Program.
Your continued
participation in the
Affiliate Program
following posting of
a change notice or
new agreement on the
HomeAssure.com Web
Site will constitute
binding acceptance
of the changes.
1.
General Rules
1.1 The
HomeAssure.com
Privacy Policy
is incorporated
herein by this
reference. As an
Affiliate you will
continue to be bound
by the
HomeAssure.com
Privacy Policy.
2.
Becoming a
HomeAssure.com
Affiliate
2.1 Eligibility.
HomeAssure.com will
only knowingly
provide the
Affiliate Program to
parties that can
lawfully enter into
and form contracts
under applicable
law. If you are
under the age of 18,
you may not
participate in the
Affiliate Program.
The Affiliate
Program is not
intended for
children under the
age of 18.
2.2 Opening an
Account. To become
an Affiliate and
have the right to
participate in the
Affiliate Program,
you must enroll in
the Affiliate
Program by opening
an Affiliate account
("Account") with
HomeAssure.com
through its online
registration
process.
2.3 Contact
Information. You
must provide
HomeAssure.com with
accurate and
complete contact and
payment information
when you open an
Account. You must
immediately notify
HomeAssure.com if
any of your contact
or payment
information changes.
If you do not
provide
HomeAssure.com with
complete, accurate,
and updated contact
information, you may
not be eligible to
receive commissions
based on your
participation in the
Affiliate Program.
2.4 Account
Security. You will
need to select a
password if you open
an Account. You will
be solely and
exclusively
responsible for
keeping your
password
confidential and all
use of your password
and Account,
including, without
limitation, any use
by any third party.
You must notify
HomeAssure.com
immediately if you
believe your
password has been or
may be obtained or
used by any
unauthorized person
or entity. In
addition, you must
notify
HomeAssure.com
immediately if you
become aware of any
other breach or
attempted breach of
the security of your
Account or the
HomeAssure.com
Service.
3.
Your Obligations
3.1 You must use the
Affiliate Program in
a manner that
demonstrates common
sense and respect
for the rights of
HomeAssure.com and
third parties. You
must comply with the
Affiliate Guidelines
and any other
applicable
guidelines set forth
in this Agreement.
3.2 Special Links.
As a member of the
Affiliate Program,
HomeAssure.com will
provide you with
special "tagged"
link formats
("Special Link(s)")
to be used in
linking to the
HomeAssure.com Web
Site. The Special
Links will permit
tracking, reporting,
and commission
calculations. You
must ensure that
each of these links
properly utilize the
Special Link
formats. You will
only earn
commissions on
activities occurring
on the
HomeAssure.com Web
Site if such
activity was
originated from
properly formatted
Special Links.
HomeAssure.com will
not be liable to you
for any failure by
you to use Special
Links, including to
the extent that such
failure may result
in any reduction of
amounts, which may
otherwise be paid to
you pursuant to this
Agreement.
3.3 Promo Code. As a
member of the
Affiliate Program,
HomeAssure.com will
provide you with
special "Promo Code"
to be used with
inbound calls to our
callcenter.
The Promo Code will
permit tracking,
reporting, and
commission
calculations. You
must ensure that
each advertisement
you use offline with
our inbound
telephone number is
followed with your
Promo Code.
You will only earn
commissions on
activities occurring
on our inbound
telephone line if
the Promo Code is
provided by the
customer upon
request.
HomeAssure.com will
not be liable to you
for any failure by
you to use Promo
Codes, including to
the extent that such
failure may result
in any reduction of
amounts, which may
otherwise be paid to
you pursuant to this
Agreement.
3.4 Use of Special
Links & Promo Code.
HomeAssure.com will
provide you with the
Special Links and
graphical artwork to
use in linking to
the HomeAssure.com
Web Site. You must
use the Special
Links in accordance
with the terms and
conditions in this
Agreement. The
Special Links will
be displayed in the
Affiliate
Member Administrator
Console.
3.5 The use of UCE (unsolicited commercial email a/k/a Spam) is strictly prohibited. Any such use, will result in immediate termination of your Affiliate Account and forfeiture of all current and future commissions earned.
4.
Customers Purchasing
Via the Affiliate
Program.
4.1 Order Processing
and Reporting.
HomeAssure.com will
process all product
orders placed by
customers who follow
Special Links to the
HomeAssure.com Web
Site or use Promo
Codes when calling
into the inbound
telephone number
("Customers").
HomeAssure.com
reserves the right
to reject orders
that do not comply
with any
requirements that
HomeAssure.com has
and may periodically
establish.
HomeAssure.com will
be responsible for
all aspects of order
processing and
fulfillment. Among
other things,
HomeAssure.com will
prepare order forms,
process payments and
handle customer
service.
HomeAssure.com will
track sales made to
Customers who
purchase products
using Special Links
from your web site
or Promo Codes when
calling into the
inbound telephone
number, and will
make available to
you reports
summarizing sales
activity.
HomeAssure.com will
use commercially
reasonable efforts
to present accurate
information in the
reports, but
HomeAssure.com
cannot guarantee the
accuracy of the
reports.
4.2 Customers.
Customers who buy
services through the
Affiliate Program
will be deemed to be
customers of
HomeAssure.com.
Accordingly, all of
the HomeAssure.com
rules, policies, and
operating procedures
concerning customer
orders, customer
service and product
sales will apply to
those Customers.
HomeAssure.com may
change the
HomeAssure.com
policies and
operating procedures
at any time. Prices
and availability may
vary from time to
time, and such price
changes may affect
products that you
already have listed
on your web site.
HomeAssure.com will
use commercially
reasonable efforts
to present accurate
information, but
HomeAssure.com
cannot guarantee the
availability or
price of any
particular service.
5.
Affiliate
Commissions and
Reporting.
5.1 Affiliate
Commissions.
HomeAssure.com will
pay you commissions
in accordance with
this Agreement
("Commissions").
Commissions earned
in any given month,
will be paid by the
15th of the
following month.
HomeAssure.com
Affiliates can earn
commissions on the
following types of
transactions:
(a)
HomeAssure.com
will pay you a
commission on
qualifying sales
originating from
Special Links on
your web site or
from any inbound
sales call using
the Promo Code
in accordance
with the then
current
Affiliate
Commission
Schedule;
and
(b)
HomeAssure.com
will also pay
you a commission
on sales made by
Affiliates you
recruit to
become
HomeAssure.com
Affiliates in
accordance with
the then current
Commission
Schedule.
5.2 Payment of
Commissions.
(a) Tax
Information. In
order to receive
your Commissions
you must provide
your taxpayer
information to
HomeAssure.com
as required by
the IRS. If
HomeAssure.com
does not have
your current
taxpayer
information on
file for a
particular year,
payments due to
you under this
Agreement will
not be made
until December
31st of such
year, and all of
such payments
will be subject
to a 30% backup
withholding
which will be
submitted to the
IRS.
(b) Payment
Terms.
HomeAssure.com
will pay you
Commissions on a
monthly basis.
Within
approximately 15
days following
the end of each
calendar month,
HomeAssure.com
will send you a
check for the
Commissions you
have earned for
the relevant
month. Payment
of commissions
may also be made
by certain forms
of electronic
funds transfer.
(e) Charitable
Contribution.
Unless you and
HomeAssure.com
otherwise agree
in writing,
HomeAssure.com
may remit any
payment
otherwise due to
you as a
contribution in
your name to a
501(c)(3)
charitable
nonprofit
organization of
HomeAssure.com's
choice (or any
charity agreed
upon in writing
by you and
HomeAssure.com)
if: (i) you fail
to provide
HomeAssure.com
with accurate
and complete
contact
information; and
(ii) the funds
remain
outstanding for
more than 12
months. If
HomeAssure.com
makes such a
contribution,
its obligation
to you shall be
reduced by the
amount of that
contribution.
6.
Identifying Yourself
As An Affiliate.
6.1 Logo.
HomeAssure.com will
make available to
you a small graphic
image that
identifies you as a
HomeAssure.com
Affiliate Program
participant. You
must display this
logo or the phrase
"In affiliation with
HomeAssure.com"
somewhere on your
web site or web
space.
HomeAssure.com may
modify the text or
graphic image of
this notice from
time to time. In
addition,
HomeAssure.com
encourages (but does
not require) you to
include a Special
Link on your web
site to the
HomeAssure.com home
page at
http://www.HomeAssure.com.
6.2 All other
Communications.
Except as provided
for in the Affiliate
Guidelines, you may
not make any press
release with respect
to this Agreement or
your participation
in the Affiliate
Program without
HomeAssure.com's
prior written
consent, which may
be given or withheld
in its sole
discretion.
7.
Limited Licenses.
7.1 HomeAssure.com
License to You of
Logo and Links.
HomeAssure.com
grants you a limited
nonexclusive,
nontransferable,
revocable right to
use the graphic
images and text
provided to you by
HomeAssure.com, for
use on your web site
or web space, solely
for the purpose of
identifying your web
site or web space as
an Affiliate Program
participant and to
assist in generating
Commissions. In
addition,
HomeAssure.com
grants you a
limited,
nontransferable,
nonexclusive,
worldwide right to
reproduce and use
all graphic images
and other materials
provided to you,
solely for the
purpose of creating
Special Links
connecting your web
site or web space to
the HomeAssure.com
Web Site and
promoting the sale
of products on the
HomeAssure.com Web
Site. All product
images must be
served by the
HomeAssure.com Web
Site and cannot be
used in any form
other than the form
provided by
HomeAssure.com. You
may not modify the
graphic images or
text, or any other
of the
HomeAssure.com
images, in any way.
HomeAssure.com may
revoke your license
at any time by
giving you written
notice.
HomeAssure.com
reserves all of its
rights in the
graphic images,
text, any other
images,
HomeAssure.com trade
names and
trademarks, and all
other intellectual
property rights. Any
and all rights in
and to
HomeAssure.com's
intellectual
property shall inure
to the benefit of
HomeAssure.com.
8.
Indemnification.
As
you are bound by the
terms of this
Agreement in using
the Affiliate
Program, you must
indemnify, defend
and hold
HomeAssure.com
harmless for any
claim arising out
of, relating to, or
connected with your
alleged breach of
the Terms of Service
in using the
Affiliate Program.
You must also
indemnify, defend,
and hold
HomeAssure.com
harmless based on
any claim alleging
facts that, if true,
would constitute a
breach of this
Agreement. You also
agree that covered
claims under this
indemnity obligation
shall include,
without limitation
(a) any claim that
HomeAssure.com's use
of any images
provided via your
web site or web
space infringes on
any trademark, trade
name, service mark,
copyright, license,
intellectual
property, or other
proprietary right of
any third party;
and/or (b)any claim
related to your web
site, including,
without limitation,
content therein not
attributable to
HomeAssure.com.
HomeAssure.com may
withhold any
Commissions that it
owes you if you have
to indemnify
HomeAssure.com.
9.
Term and
Termination.
9.1 Term. The term
of this Agreement
will begin upon
HomeAssure.com's
acceptance of your
Affiliate Program
application and will
end when terminated
by either party.
9.2 HomeAssure.com
Termination. In its
sole discretion,
with or without
notice to you,
HomeAssure.com may
terminate your
participation in the
Affiliate Program
and terminate your
Account. If
HomeAssure.com
determines, in its
sole discretion,
that you are abusing
the system, the
HomeAssure.com
Service and/or the
HomeAssure.com
Affiliate Program.
HomeAssure.com may
also terminate
inactive affiliates,
even if such
affiliates have 2nd
Tier Affiliates in
their account.
Inactivity will be
determined at the
sole discretion of
HomeAssure.com. HomeAssure.com may
(without limiting
any other rights or
remedies available
to it) withdraw your
participation and
withhold any
Commissions payable
to you.
9.3 Your
Termination. You may
terminate your
Account for any
reason at any time
by emailing us and
advising us of your
desire to terminate.
9.4 Effect of
Termination. You can
only earn
Commissions during
the term of the
Agreement, and
Commissions earned
through the date of
termination will
remain payable only
if the related
orders are not
canceled or
returned.
HomeAssure.com may
withhold your final
payment for a
reasonable time to
ensure that the
correct amount is
paid. Upon the
termination of this
Agreement for any
reason, you will
immediately cease
use of, and remove
from your web site,
all links to the
HomeAssure.com Web
Site, product images
from the
HomeAssure.com
database, all
HomeAssure.com
trademarks, trade
dress and logos, all
Special Links, and
all other materials
provided by or on
behalf of
HomeAssure.com to
you pursuant hereto
or in connection
with the Affiliate
Program.
