My relationship with you is very important to me! I'll do my best to treat you with the fairness and respect you deserve, and I simply ask the same consideration of you. This standard affiliate agreement was written to protect both your best interests and that of workingathomeschool.com.
If you have any questions, please don't hesitate to let me know! Please email me at firstname.lastname@example.org with any questions you may have.
PLEASE READ THE ENTIRE AGREEMENT.
YOU MAY PRINT THIS PAGE FOR YOUR RECORDS.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND Workingathomeschool.com LLC.
BY SUBMITTING THE ONLINE APPLICATION YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.
This Agreement contains the complete terms and conditions that apply to you becoming an affiliate in Workingathomeschool.com's Affiliate Program. The purpose of this Agreement is to allow HTML linking between your web site and the workingathomeschool.com web site. Please note that throughout this Agreement, “we,” “us,” and “our” refer to workingathomeschool.com, and “you,” “your,” and “yours” refer to the affiliate.
- Affiliate Obligations
I may cancel your application if we determine that your site is unsuitable for the Affiliate Program, including if it:
2.1.1. Promotes sexually explicit materials
2.1.2. Promotes violence
2.1.3. Promotes illegal activities
2.1.4. Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law
2.1.5. Includes “WorkingatHomeschool” or variations or misspellings thereof in its domain name
2.1.6. Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion.
2.1.7. Contains software downloads that potentially enable diversions of commission from other affiliates in our program.
- Workingathomeschool.com Rights and Obligations
3.1. Workingathomeschool.com reserves the right to terminate this Agreement and your participation in the Workingathomeschool.com Affiliate Program immediately and without notice to you should you commit fraud in your use of the workingathomeschool.com Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected, workingathomeschool.com shall not be liable to you for any commissions for such fraudulent sales.
3.2. This Agreement will begin upon our acceptance of your Affiliate application, and will continue unless terminated hereunder.
Either you or we may end this Agreement AT ANY TIME, with or without cause. I'd appreciate a notification by email if you decide you wish to stop participation.
Workingathomeschool.com uses third parties to handle all of sale tracking and payment. The third parties are Refersion through Shopify, SendOwl, and PayPal.
- Limitations of Liability
Workingathomeschool.com is not 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, not withstanding anything to the contrary contained in this agreement, in no event shall workingathomeschool.com’s cumulative 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.
You hereby agree to indemnify and hold harmless workingathomeschool.com, and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.
All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked “Confidential,” will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.
9.1. You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Merchant.com. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on Your Site or any other of Your Site or otherwise, that reasonably would contradict anything in this Section.
9.2. You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
9.3. This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.
9.4. The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
9.5. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.