Homey App for Families Affiliate Program Terms of Service
This Agreement contains the complete terms and conditions that apply to your participation as an Affiliate of Homey - Chores and Allowance (Homey) Affiliate Program, and the establishment of hypertext links from your Website to Homey for the purpose of you earning Referral Fees from Qualifying Subscriptions made by third parties who have navigated from your website or any other place where you display the link to Homey via said hypertext links.
1. Definitions
- As used in this Agreement, “we”, “us”, “Homey” or “homeyapp.net” means HomeyLabs Inc, a Delaware corporation, and “you”, “your” or “Affiliate” means the affiliate. “Website” individually and collectively means your website and/or e-mail communications and/or software applications. “Affiliate Marketing Program” means the program managed by or on behalf of HomeyLabs Inc by which participating entities place links on their Website that connect to the Homey website or app and for which a referral fee is earned. The terms “Qualifying Purchase”, “purchase”, “sale” or “Affiliate sale” used in this Agreement mean a Homey paid subscription purchased by users during a visit to Homey mobile application following navigation to the designated URL through a hypertext link from you under this Affiliate Marketing Program. “Net Proceeds” will mean the gross proceeds received by Homey from Qualifying Purchases in Homey, less costs and expenses attributable to taxes, fraud, bad debts, and duties. The terms “Referral Fee” or “commission” used in this Agreement mean money duly earned by, payable to, or previously paid to the Affiliate in regard to the aggregate Net Proceeds received from Qualifying Purchases made at Homey under the terms of this Agreement and the Affiliate Marketing Program, and acknowledged as such by Homey at its sole discretion. “$”, “dollar” or “dollars” mean US Dollars.
2. Term Of The Agreement
The term of this Agreement (the “Term”) will begin upon our acceptance of your application to enroll in the Homey Affiliate Marketing Program, such application signifying your acceptance of this Agreement. The term shall be for a period of one (1) year from said acceptance, and shall automatically renew for successive one (1) year terms unless either Party gives thirty (30) days notice to the other that it intends not to renew the Agreement at the end of the current term.
3. Promotion
Homey will make available to you, or you will create, subject to our approval, a variety of graphic and textual links (the “Links” collectively, or “Link” individually) in order to link to Homey. You and we will cooperate in good faith to develop and implement such Links. Each Link will permit recipients to navigate directly to a page on Homey website designated by us via a special tagged link format, that will then redirect to the Homey app. You will be responsible for integrating the Links into your site to properly enable sales tracking, and we will not be responsible for your failure to do so, including to the extent such failure may result in any reductions of amounts that would otherwise be paid to you under this Agreement.
4. Forbidden Actions
This Agreement will be terminated without notice if, in its sole discretion, Homey determines that the Affiliate has breached any or all of the following explicitly prohibited actions. THE AFFILIATE WILL FORFEIT ANY ACCUMULATED EARNINGS IF THE AGREEMENT IS TERMINATED UNDER THIS PROVISION.
Click Fraud: Affiliate shall not, either directly or indirectly, act, encourage or require users to click on links to Homey and/or generate clicks or orders through any means that could be reasonably interpreted as coercive, incentivized, misleading, malicious, or otherwise fraudulent.
Inappropriate Content: No Link will be placed on any page or screen that contains content that: incites, encourages, advocates or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; incites, encourages, advocates or promotes illegal activities including, but not limited to, violence against persons or property, terrorism, armed insurrection, piracy or treason; incites, encourages, advocates or promotes the sexual abuse or exploitation of children and minors; violates the intellectual property rights of third parties; or contains or promotes deceptive information.
Own Purchases: Affiliate shall not use their own affiliate link in order to receive commissions on their own purchases.
5. Referral Fees
Homey will pay you a Referral Fee for Qualifying Purchases made in Homey. Referral Fees will also be payable on subsequent subscription renewals for the first six months (180 days) made to customers during the Term of the agreement who previously made a Qualifying Purchase through a hypertext link from you under this Affiliate Marketing Program. The term of agreement starts when a user makes their first purchase (if a free trial is included, then at the end of the free trial). Homey shall track users who install Homey app from the Affiliate's website via an affiliate link with a cookie containing the Affiliate’s identification, and that expires in thirty (30) days following said visit. If a user doesn’t subscribe inside the 30 day window, the affiliate term doesn’t start. 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 first associated with that app user. You are only eligible to earn a Referral Fee on sales occurring from new users during the Term, and commissions earned through the date of termination will remain payable only if the product orders are not canceled.
6. Qualifying purchases
Qualifying purchases are following:
- Homey Monthly - US subscription: $1 per month for each active subscription, for the first six months after the start of the term of agreement. If a user is subscribed for all six months, then this means $6 per subscriber.
- Homey Yearly - US subscription: $6 per paid yearly subscription.
If a user switches between US monthly and US yearly subscriptions, the maximum fee is $6 per subscriber.
- Homey Monthly - world (non US) subscription: $0.5 per month for each active subscription, for the first six months after the start of the term of agreement. If a user is subscribed for all six months, then this means $3 per subscriber.
- Homey Yearly - world (non US) subscription: $3 per paid yearly subscription.
If a user switches between world monthly and world yearly subscriptions, the maximum fee is $3 per subscriber.
7. Reporting
We will provide you with access to affiliate dashboard which will provide data relating to Referral Fees (“Reporting Data”). You acknowledge and agree that all Reporting Data is and will at all times be exclusively owned by us and will remain our confidential information. Reporting data is of informative nature and subject to change in cases such as refunds, cancellations, or software issues.
8. Payments
Referral fees will be paid on or about the 15th of each month for the sales made in previous month. If during any calendar month referral fees do not exceed twenty-five dollars ($25.00), then you may not receive payments until the following calendar month during which your aggregate referrals fees equal or exceed said amount or until the termination of this agreement, whichever occurs earlier. No payment will be made to Affiliate for sales that result in refunds or returns and, at its own discretion, Homey may elect to withhold payment for a reasonable time to ensure against cancellations or refunds. 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 Affiliate. Affiliate shall be responsible for all taxes associated with the receipt of any payments
9. Representations and Warranties; Limitation of Liability
Each of us hereby represents and warrants that:
- it has full power and authority to enter into this Agreement and to perform its obligations hereunder;
- it has obtained all permits, licenses, and other governmental authorizations and approvals required for its performance under this Agreement;
- the services to be rendered by each of us under this Agreement neither infringe nor violate any patent, copyright, trade secret, trademark, or other proprietary right of any third party.
Homey will remain solely responsible for the operation of the homeyapp.net website and Homey app, and you will remain solely responsible for the operation of your site. Each party acknowledges that their respective sites may be subject to temporary downtime due to causes beyond their reasonable control subject to the specific terms of this Agreement, retains sole right and control over the programming, content and conduct of transactions over its respective site or service.
EACH PARTY SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY REGARDING (i) THE AMOUNT OF SALES THAT HOMEY MAY GENERATE DURING THE TERM, AND (ii) ANY ECONOMIC OR OTHER BENEFIT THAT THE OTHER PARTY MIGHT OBTAIN THROUGH ITS PARTICIPATION IN THIS AGREEMENT. NEITHER HOMEY NOR AFFILIATE WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA) ARISING OUT OF THIS AGREEMENT. HOMEY’s ENTIRE LIABILITY ARISING FROM THIS AGREEMENT WHETHER IN CONTRACT OR TORT, WILL NOT EXCEED THE AMOUNTS PAYABLE TO AFFILIATE HEREUNDER.
10. Fulfillment and Policy
Homey will be solely responsible for fulfilling all orders for its products and payment processing, and customers who buy products through the Affiliate Marketing Program will be deemed customers of Homey. To protect the privacy of Homey’s customers, the names of and other personally identifying information about customers will not be provided to you. All information about customers and users collected by Homey shall be owned solely and exclusively by Homey. 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.
11. Intellectual Property Rights
Homey hereby grants to you during the Term a non-exclusive, non-transferable, royalty-free license to establish hyperlinks between yours and our Web Sites and to use Homey’s trade names, logos, trademarks and service marks (the “Homey Marks”) on your site solely as is reasonably necessary to establish and promote such hyperlinks and to otherwise perform your obligations under this Agreement; provided, however, that any other promotional materials or usages containing any of the Homey Marks will be subject to Homey’s prior written approval. You hereby grant to Homey during the Term a non-exclusive, non-transferable, royalty-free license to establish hyperlinks between yours and our Websites and to use your trade names, logos, trademarks and service marks (the “Affiliate Marks”) solely as is reasonably necessary to establish and promote such hyperlinks and to otherwise perform our obligations under this Agreement; provided, however, that any other promotional materials or usages containing any of the Affiliate Marks will be subject to your prior written approval. Except as set forth above, you and we each reserve all right, title and interest in respective intellectual property rights (e.g., patents, copyrights, trade secrets, trademarks and other intellectual property rights). Use of the other’s marks except as set forth herein is strictly prohibited.
12. Indemnification
We agree to indemnify, defend and hold harmless you and your affiliates, directors, officers, employees and agents, from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorney’s fees) relating to the operation of our site, a breach of our obligations under this Agreement, or the violation of any third party intellectual property rights of editorial content or other materials provided by us for display on your site. You agree to indemnify, defend and hold harmless us and our affiliates, directors, officers, employees and agents, from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorney’s fees) relating to the operation of your site, a breach of your obligations under this Agreement, or the violation of any third party intellectual property rights of editorial content or other materials of your site.
13. General Provisions
- You and we will each monitor and periodically test the general availability and operation of our respective Website.
- You and we are entering this Agreement as independent contractors, and nothing will be construed to create a partnership, agency, joint venture or employment relationship between you and us.
- In its performance of this Agreement and in the operation each party’s respective Websites, you and we each will comply with all applicable laws, regulations, orders and other requirements, now or hereafter in effect, of governmental authorities having jurisdiction. Without limiting the generality of the foregoing, you and we each will pay, collect and remit such taxes as may be imposed with respect to any compensation, royalties or transactions under this Agreement.
- Neither you or we will be considered to be in breach of, or default under, this Agreement on account of any delay or failure to perform as a result of any causes or conditions that are beyond our respective reasonable control. If any force majeure event occurs, the affected party will give prompt written to the other and will use commercially reasonable efforts to minimize the impact of the event.
- You may not assign this Agreement, in whole or in part, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns.
- The failure of either you or us to enforce any provision of this Agreement will not constitute a waiver of the right to subsequently enforce the provision. Any remedies specified in this Agreement are in addition to any other remedies that may be available at law or in equity.
- This Agreement represents the entire Agreement between you and us with respect to the subject matter hereof and supersedes any other oral or written agreements regarding such subject matter, and may be amended or modified only by a written instrument signed by a duly authorized agent of each party.
- If any provision of this Agreement will be declared by any court of competent jurisdiction to be illegal, void or unenforceable, all other provisions of this Agreement will not be affected and will remain in full force and effect.
14. Relationship of Parties
You and we are, and will remain at all times, independent contractors, and nothing in this Agreement will be construed to create an agency, employment, fiduciary, representative or any other relationship between you and us. You will not represent yourself to be an employee, representative, or agent of us. You understand and agree that you do not have authority to bind us in any manner, or enter into any agreement or incur any liability on behalf of us.
15. Modifications
Homey reserves the right, at our discretion, to change, modify, add, or remove portions of this Agreement at any time (for example to reflect updates to the Homey Service or to reflect changes in the law). If Homey changes this Agreement, we will provide you notice of these changes, such as by sending an email, posting a notice on the Homey Service or updating the “Last Updated” date above. Please check this Agreement periodically for those changes. Modifications may include, for example, changes to the Referral Fees, Program eligibility, payment procedures, and other Affiliate Program requirements. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING THE EFFECTIVE DATE OF ANY MODIFICATION (E.G., THE DATE OF OUR POSTING OF A CHANGE NOTICE OR REVISED AGREEMENT OR THE DATE SPECIFIED IN ANY EMAIL TO YOU REGARDING SUCH MODIFICATION) WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF THE CHANGE.
16. Termination
Termination Without Cause: Homey may modify or terminate this Agreement without cause. Please note that Homey reserves the right to change any of the terms and conditions in this Agreement, including the payment terms described in herein, by posting a new agreement on the Homey website.
Termination For Cause: Homey 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.
The Affiliate may terminate this Agreement, at any time, with or without cause, by giving at least seven days (7) days written notice of termination to Homey.
17. Jurisdiction
This Agreement has been made in and shall be construed and enforced in accordance with the laws of State of Delaware. Any action to arising hereunder will be brought in the federal or state courts, located in the State of Delaware The parties hereby consent to the exclusive jurisdiction and venue of such courts, will accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available to them.
18. Service Of Notices
Any notices under this agreement will be given in writing. Notices may be given by electronic mail to info@homeyapp.net and will be deemed delivered and given for all purposes on the sent date, but only if the receiving party has confirmed its receipt by return electronic mail. Notices sent via traditional means will be sent via certified mail, return receipt requested, to HomeyLabs Inc, 2nd floor, Memphis, TN 38103.