- Affiliate Agreement
This agreement describes the terms and conditions for participation in the My Old House Fix Affiliate program. In this agreement, the term “Affiliate” refers to you (the applicant). In this agreement, My Old House Fix refers to the owner, My Old House Fix, LLC.
We may modify any of the terms and conditions within this Agreement at any time and at our sole discretion. All modifications will be posted via affiliate dashboard, and notified via email. These modifications may include, but are not limited to changes in the scope of available referral fees, fee schedules, payment procedures and Affiliate Program rules. If any of the modifications are UNACCEPTABLE TO YOU, your only recourse is to terminate this Agreement. If you CONTINUE PARTICIPATION IN THE PROGRAM, it will be considered as your acceptance of the change.
To enroll in the Affiliate program, you must submit an Affiliate Application and be approved by us. Applicants will be notified of their acceptance status as soon as possible after their information is reviewed.
You will be issued a special URL once you become an approved member of the Affiliate Program which will be unique to you, and will allow you to be paid for Affiliate referrals. Please note that you can choose your affiliate code when signing up.
Affiliates will receive 15% of the Net Proceeds as commissions from orders placed through their Affiliate link.
Shipping and handling costs will not receive commissions.
For a sale to generate a commission to an Affiliate, the customer must complete the online orderprocess (including the Affiliate code).
My Old House Fix shall track Qualified Purchases from Affiliates via an Affiliate link using a cookie with the Affiliate’s
identification. That link and cookie expire 30 days following said visit. A Qualifying Purchase made prior to the expiration of the cookie will be attributed to the Affiliate link provider whose Affiliate identification is recorded in the cookie associated with that website user.
Affiliates are only eligible to earn commission on sales occurring during the term of this agreement. Commissions earned through the date of termination will remain payable only if the product orders are not cancelled.
My Old House Fix pays Affiliates via the specific PayPal account provided by the Affiliate when the Affiliate joins or via Check that will be mailed to the registered address.
If Affiliates’ emails change for their PayPal account, it is the responsibility of Affiliates to update their payment information in their affiliate account to ensure proper commission payments.
No payment will be made to Affiliates for sales that result in refunds, cancellations or returns.
At its own discretion, My Old House Fix may elect to withhold payment for a reasonable time to ensure against cancellations or
Payments shall be made in US Dollars to the PayPal account as nominated by the Affiliate in the name of the party and address provided by the Affiliate.
Affiliates shall be responsible for all taxes associated with the receipt of commission payments.
In addition, all PayPal transaction fees related to these payments are the responsibility of the Affiliate.
My Old House Fix will provide by January 31st to each Affiliate a Misc. Income Form 1099 for the total year’s commissions and will report this income to the federal and state income tax bodies.
- Tax Forms and Address Changes
It is your responsibility to provide My Old House Fix with the tax and payment information required to issue a Commission Fee to you.
Each Affiliate is required to submit a W8/W9 tax form before My Old House Fix will issue any Commission Fees. You are responsible for the payment of all taxes related to the commissions you earn under this Agreement ,In compliance with tax laws.
Any address changes must be made in the Affiliate profile in the Affiliate account at least 15 business days prior to the end of the calendar month in order for Commissions for that month to be sent to the revised address.
- Order Fulfillment
My Old House Fix will be solely responsible for processing every order placed by a customer via Affiliate links. Affiliates are not
authorized to collect payments or sell any My Old House Fix products from other websites as a “reseller” and no “resale” rights are granted in ANY way. Affiliates are not authorized to sell any of these products from any other physical store or website, including ebay or other auction sites.
Affiliates are not authorized to give away copies of any of these products.
My Old House Fix will also be solely responsible for all customer service inquires including warranty issues.
Customers who purchase products through the My Old House Fix Affiliate Program will be deemed to be customers of MOHF. Accordingly, all rules, policies, and operating procedures concerning customer orders and service will apply to those customers. We may change our policies and operating procedures at any time.
Prices and availability of our products and services may vary from time to time.
All rules, policies, operating procedures and information concerning customer orders and sales will apply to those customers, including our rules of privacy and confidentiality. We may change our policies and operating procedures at any time, without notice.
- Qualifying Sites
My Old House Fix reserves the right to refuse any site entry into the MOHF Affiliate Program based on site content.
11. Utilizing Links on Your Site
As an Affiliate website of My Old House Fix, you may use any form of promotionyou choose, consistent with the terms of this Agreement. You may use banner advertisements, button links and/or text links to our site (the “Links”), however, you CANNOT SPAM. Any activity by you or on your behalf that we determine or reasonably suspect to be the result of an unsolicited bulk e-mail program will result in your immediate termination from the Program and your forfeiting of monies otherwise due you hereunder.
Allowable promotional links may contain My Old House Fix and InfraRed Rack Kit trade names, service marks,
and/or logos for display on your Affiliate Site. Subject to the terms and conditions hereof, you are granted a limited, non-exclusive, non-transferable license to access and download such Links and other designated promotional materials for placement on your Affiliate Site for the sole and exclusive purpose of promoting products sold by My Old House Fix.
- Prohibited Usage
The following cases prohibited and are grounds for immediate termination of the Affiliate account.
Affiliates MAY NOT promote coupons that were not provided to them personally by My Old House Fix. Doing so can result in the termination of your Affiliate account and withholding of Affiliate payments for violating our Affiliate agreement. ·
Affiliates MAY NOT host or promote “coupon stacking” sites where customers may combine coupons to receive additional discounts.
- My Old House Fix Anti-Spam Policy
My Old House Fix strictly prohibits Affiliates from using spam e-mail and other forms of Internet abuse (including spamming forums, blogs, twitter, Facebook and other social media outlets) to seek sales. Spam is defined as including,
but not limited to, the following:
Electronic mail messages addressed to a recipient with whom the sender does not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipientthrough an opt in subscription.
Messages posted to Usenet,forums, Twitter, Facebook and message boards that are off-topic (unrelated to
the topic of discussion), cross-posted to unrelated newsgroups, posted in excessive volume, or posted against forum/message board rules. Be conscious of forum rules! If a forum owner or moderator complains that an Affiliate has spammed, the Affiliate account may be permanently terminated after investigation. ·
Content posted on free blog websites for the sole purpose of keyword spamming, or comments posted to legitimate blogs that violate the comment policy of the blog owner. ·
Solicitations posted to chat rooms, or to groups or individuals via Internet Relay Chat or “Instant Messaging” system. ·
Certain off-line activities that, while not considered Spam, are similar in nature, including distributing flyers or leaflets on private property or where prohibited by applicable rules, regulations, or laws. My Old House Fix may undertake, at its sole discretion and with or without prior notice, the following enforcement actions:
Account Termination: Upon the receipt of a credible complaint, the My Old House Fix Affiliate Program manager may investigate the complaint, and if necessary, will then terminate the Affiliate account of the individual implicated in the abuse. Termination results in the immediate closure of the member and Affiliate account, the loss of all referrals, and the
forfeiture of any unpaid money on account.
- Relationship of Parties
Affiliates are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. Affiliates have no authority to make or accept any offers or representations on our behalf. Affiliates will not make any statement, whether on their sites or otherwise, that reasonably would contradict this statement.
- Term and Termination
The term of this Agreement will begin when you accept and will end when terminated by either party. Either My Old House Fix or the Affiliate may terminate this Agreement at any time, with or without cause. Upon the termination of thisAgreement for any reason, all licenses granted hereunder shall immediately terminate and you will immediately cease use of, and remove from Affiliate’s Web Site, all links and all other materials provided in connectionwith this program.
Termination For Cause:
My Old House Fix may terminate this Agreement without notice if in its sole discretion it determines that Affiliate has breached the terms and conditions of this Agreement. AFFILIATE FORFEITS ANY ACCUMULATED EARNINGS IF AGREEMENT IS
TERMINATED FOR CAUSE.
- Limitation of Liability
My Old House Fix LLC will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, expenditures or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total commissions paid or payable to the Affiliate under to this Agreement.
This Agreement shall be governed by Michigan, 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 Michigan, USA.
We make no express or implied warranties or representations with respect to the Affiliate Program or an Affiliate’s potential to earn income from the Affiliate Program. In addition, we make no representation that the operation of the websites or the Affiliate links will be uninterrupted or error-free, and My Old House Fix will not be liable for the consequences of any interruptions or errors.
Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement. If any of the provisions of this Agreement are determined by a court to be unenforceable, they shall be severed from this Agreement, and the remaining provisions shall
remain in full force and effect.
By signing up to the My Old House Fix Affiliate Program, you acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated this program and are not relying on any representation, guarantee or statement other than as set forth in this agreement.