This Affiliate Program Agreement ("Agreement") contains the terms and conditions that apply to your (“Applicant”) participation in the Affiliate Marketing Program ("Program") with Entire Home Interior (“Company”).
All interested Applicants are encouraged to apply to the Program. Approval of Applicant’s participation in the Program is at the sole discretion of Company after review of Applicant’s application, website, and/or social channels and platforms. Applicants who demonstrate that they align with the Company’s mission of protecting the consumer while offering a product of genuine value for global citizens will be given priority consideration.
Applicant’s website and/or social channels and platforms will not (i) infringe on our or any anyone else's intellectual property, publicity, privacy or other rights, (ii) violate any law, rule or regulation, (iii) contain any content that is threatening, harassing, defamatory, discriminatory, obscene, harmful to minors, or contain nudity, pornography or sexually explicit materials, (iv) contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, interfere with, surreptitiously intercept or expropriate any system, data, or personal information, (v) contain software or use technology that attempts to intercept, divert or redirect Internet traffic to or from any other website, or that potentially enables the diversion of affiliate commissions from another website (vi) mislead customers as to the products or services available.
By submitting an application for the Program, Applicant represents, warrants, covenants and agrees that (i) all information that Applicant provides to Company in connection with the application is true, complete and accurate, (ii) Applicant has all necessary rights and authority to enter into this Agreement and perform Applicant’s obligations hereunder, (iii) this agreement will constitute a legal, binding and enforceable agreement against Applicant in accordance with the terms and conditions herein, (iv) Applicant’s execution and performance hereunder will not conflict with or result in a breach or violation of any other agreement, arrangement or understanding to which Applicant is bound, and (v) Applicant will not subcontract, assign, resell, lease, or sublicense any part of Applicant’s participation in the Program or run a sub-affiliate program.
Upon acceptance into the Program, Company agrees to pay Applicant 20% commission on qualifying purchases, with qualifying purchases being defined as a purchase made by a customer in a transaction that was initiated by the Applicant and completed via applicable affiliate link where Company receives and retains payment. All commissions paid shall be paid on net sales revenue to Company less any discounts or coupons and exclusive of taxes, shipping and handling, or other services, credit card fraud and bad debt and allocations for returned items. Company reserves the right to modify the commission rate at any time, at Company’s sole discretion.
Applicant’s website must clearly and prominently state the following, or any substantially similar statement, “We may earn commissions from Entire Home Interior as an Affiliate.” with “Entire Home Interior” hyperlinking to www.entirehomeinterior.com (or applicable affiliate link) in the disclosure statement. Except for this disclosure, and other than as required by applicable law, Applicant will not make any public communication with respect to this Agreement or participation in the Program without Company’s advance written approval. Applicant will not express or imply that Company supports, sponsors, or endorses Applicant, or misrepresent or embellish Company’s relationship with Applicant in any other way except as expressly permitted by this Agreement.
This Agreement shall not be construed to create any employment, joint venture, agency franchise, or sales representative relationship with Company or Company’s respective affiliates. The Applicant shall have no authority to enter contracts, make or accept offers or representations on Company’s or Company’s affiliates behalf. Applicant and Company are independent contractors, and the Program partnership between Applicant and Company exists only as expressly permitted by this Agreement.
Upon acceptance into the Program, Company grants Applicant a limited, non-exclusive, revocable, royalty-free right to use the Company trademarks that include trade names (Entire Home Interior, EHI, www.entirehomeinterior.com), logos, products, brand assets, promotional materials and photo assets during the term of this Agreement for display and use on Applicant’s website and/or social channels and platforms solely in connection with Applicant’s participation in the Program. Applicant will not alter, add to, subtract from, or otherwise modify the trademarks without prior written consent from Company. Applicant will not (i) use the trademarks in any manner to communicate or suggest any sponsorship or other connection between Company and Applicant other than Applicant’s participation in the Program, (ii) harm or adversely affect the trademarks or the goodwill associated with the trademarks, (iii) use any of the trademarks as part of a domain or sub-domain (for example, ehi.website.com or www.entirehomeinterior-coupons.com), and (iv) advertise Company trademarks on websites that they do not own, including, for instance, Google Product Search, Amazon, eBay or any comparison shopping engines such as Shopzilla or Pricegabber.
Except for the limited license provided in this Agreement, Company reserves and retains all rights, title, ownership, and interest in and to the trademarks and the goodwill associated therewith. Nothing in this Agreement shall be construed to grant Applicant any right, title or ownership in the trademarks, or in the underlying intellectual property, other than the right to use the trademarks in accordance with the Agreement. All uses of the trademarks by Applicant shall inure to the benefit of Company. Applicant shall not acquire, directly or by implication, any rights or license in the trademarks except as expressly provided in this Agreement. Applicant’s right to use the trademarks shall expire upon the expiration or termination of this Agreement.
Participation in the Program by Applicant shall begin upon Applicant’s acceptance as an affiliate by Company and shall end when terminated by either party. Either party may terminate such status at any time, with or without cause. Upon termination, all licenses granted to Applicant pursuant to the Program shall cease and Applicant shall use best efforts to immediately remove all codes and links, references on Applicant’s website regarding Company, and cease any and all use of promotional materials, trademarks or any other trade or service marks, trade names or any other items received through or used in connection with Program. Company reserves the right to terminate the Program and at any time upon notice to Applicant. Upon the termination of Applicant’s participation in the Program for any reason, Applicant will be entitled to receive Commissions only on qualifying purchases that occurred prior to such termination.
Company may modify these terms and conditions at any time, at Company’s sole discretion. If Applicant disagrees with any modification, Applicant’s only recourse is to terminate this Agreement. Applicant agrees that, if Applicant continues to participate in the Program following a posted modification, continued participation constitutes binding acceptance of the modified term.
Applicant agrees to defend, indemnify and hold forever harmless Company from any and all claims, liabilities, fines, suits, demands, complaints and actions of any kind or nature by a third party in relation to the Agreement. The Applicant shall indemnify and hold the Company harmless from any loss or liability from performing the Services under this Agreement.
This Agreement shall be governed under the laws in the State of Oklahoma. Applicant hereby irrevocably consents to jurisdiction of the state and federal courts located in Kay County, Oklahoma with respect to any proceeding regarding this Agreement. Applicant will not prosecute any action, suit, proceeding or claim arising under or by reason of this Agreement except in such courts.
This Agreement, along with any attachments or addendums, represents the entire agreement between the parties and is based upon the mutual promises and consideration detailed above and reflects the mutual assent of the parties. This Agreement supersedes all prior communications, contracts, or agreements between the parties with respect to the subject matter of addressed in this Agreement, whether oral or written.
Please contact Company at shop@entirehomeinterior.com with any questions, for any required written consent or approval, or with requests for additional promotional assets.
