The goal of the "Happy Homes Partner Program" is to give our happy customers and supporters the opportunity to earn extra income. This by recommending our products from the Happy Homes Shop to friends, family, followers, etc. and thus supporting and promoting our sales.
I. AFFILIATE PROGRAM TERMS AND CONDITIONS
The following Terms and Conditions apply to the Agreement between Bearro Ltd., Mareva House, MBH Corporate Services, 4 George Street, Nassau (hereinafter referred to as “we” and “Bearro Ltd.”) and the Affiliate Partners (hereinafter referred to as "Partner", "Affiliate" and “you”) of the Happy Homes Affiliate Program (hereinafter referred to as "Affiliate Program" and "Partner Program").
By submitting an application for participating in Bearro Ltd.’s Affiliate Program, the Affiliate accepts to have read and agreed to these Terms and Conditions and to be bound by them. If the Affiliate does not agree to these Terms and Conditions in their entirety he is not authorized to register as an Affiliate or participate in the Program in any manner. Participation in the Affiliate Program is free of charge and does not require the purchase of any product of Bearro Ltd. to enter.
II. RELATIONSHIP BETWEEN AFFILIATE AND BEARRO LTD.
The Affiliate Program does not create any exclusive or other legal relationship between the parties beyond this Agreement. Bearro Ltd. and the Partner both agree that they are entering into this Agreement as independent parties. The Partner acknowledges that no Partnership, franchise, employment or other relationship beyond the scope of this Agreement is created between them and Bearro Ltd. The Partner is free to participate in other similar Affiliate Programs.
The US Federal Trade Commission (FTC) claims that connections between the advertiser and endorsers should be conspicuously disclosed. To be compliant with that law the financial arrangements between Affiliate and Bearro Ltd. should be disclosed in a prominent location on the Partner’s websites and social media accounts. Bearro Ltd. reserves the right to retract payouts and/or cancel an Affiliate Account should it be determined that the Affiliate is not in compliance with applicable FTC regulations. Bearro Ltd. will be the sole arbitrator as to what constitutes non-compliance.
III. SUBJECT MATTER OF THE AGREEMENT
- The subject of this Agreement is the participation in the Partner Program, which is intended to increase the online sales of Bearro Ltd. products.
- For this purpose, the Affiliate receives a personal Affiliate Link and a Coupon Code. With these, the Affiliate can give his friends, family, followers, etc. a discount on their first purchase. This way Bearro Ltd. can track the sales of the Affiliate.
- Bearro Ltd. provides the Partner with a selection of advertising materials at its discretion within the Affiliate Program, solely for the purpose stated in section IIII point 1.
- For the promotion and successful mediation of business, the Partner receives a commission based on the commission structure of Bearro Ltd. stated in section V point 3.3 for successful sales.
IV. APPROVAL AND REJECTION OF THE REGISTRATION
The submission of an Affiliate registration does not imply mandatory acceptance into the Affiliate Program. Bearro Ltd. reserves the right to approve or reject any Affiliate Program registration at its sole and absolute discretion. There is no legal recourse possible against the rejection of a registration to the Affiliate Program. The Affiliate will be notified of the acceptance of his registration by email from info@happyhomes.shop.
After joining the Affiliate Program, the Affiliate needs to make sure that his account is thoroughly set up and always up to date. This includes specific payout information, his address and any other information Bearro Ltd. needs to pay out the commissions. Bearro Ltd. shall not be held responsible for any consequences resulting from the disclosure of login data to third parties by the Affiliate. The Affiliate himself is responsible for the security of his personal login data.
Under no circumstances is the Affiliate allowed to maintain multiple Affiliate accounts, even if this is done under different names, email addresses, PayPal accounts or other details. Keeping multiple accounts by one Affiliate will result in immediate blocking of all Affiliate accounts even without prior warning.
V. PURCHASE RECOMMENDATION
After successful and approved registration in the Affiliate Program, the Affiliate gets access to his Affiliate account and thus to his dashboard. There the Affiliate will find his Affiliate Link and Coupon Code, which he can both use to give his friends, family, followers, etc. a discount on their first purchase and at the same time to bind customers to himself, from whom he will profit on a lifelong basis.
1. AFFILIATE LINK
An automatic Affiliate Link is generated, which can be seen in the dashboard and may be customized by the Affiliate. In addition, there is the possibility to generate an Affiliate Link for a specific product or collection only. The Affiliate can also track the success of his advertising on different platforms via special Affiliate Links that can be created in the personal dashboard.
If someone makes a purchase through a personal Affiliate Link, he becomes a so-called customer and is connected on a lifetime basis with the owner of the clicked Affiliate Link. On every purchase made by the connected customer account, the Affiliate receives a commission based on the commission structure stated in section V point 3.3. This happens as the Affiliate Program is based on tracking sales through the usage of cookies.
2. COOKIES
Cookies are placed in the user's browser on the device which opens the Affiliate Link and are redirected to Bearro Ltd.’s website. Every cookie is stored for a period of 30 days. If a previous Affiliate cookie is stored in the user's browser or device, it will be overwritten by a new Affiliate cookie each time the user clicks on an Affiliate Link connected to our Affiliate Program. This means the user is connected to the Affiliate through whose Link he finally made the purchase, even if he previously landed on happyhomes.shop through other Affiliate Links.
3. COUPON CODE
An automatic Coupon Code is generated, which can be seen in the dashboard. The Coupon Code can be used for recommendation and is not bound to cookies which means that it must be entered manually by the customer at checkout. The connection between the customer and the Affiliate also arises in this case if the customer uses the Coupon Code. This means that the Coupon Code can be used regardless of the customer's device and browser.
4. NETWORK
4.1 AFFILIATE NETWORK
An Affiliate can invite others to participate in the Partner Program. In this case the new Affiliate becomes the Downline Affiliate of the Parent Affiliate. As soon as a downline Affiliate generates sales through referrals, the parent Affiliate also receives a commission. For every sale of the Affiliate, he and his Upline Affiliates will be rewarded regarding to the percentages of the Commission Structure listed down below in point 3.3. The network contains up to 20 levels, which means that the Parent Affiliate benefits up to the 19th downline Affiliate below. There is no limit to the number of downline Affiliates at each level.
4.2 NETWORK LINK
To invite others to the network, a network Link is available to the Affiliate on his dashboard. Anyone who successfully signs up to the Affiliate Program via the received networking Link becomes a downline Affiliate of the owner and joins his network. The downline Affiliate can now also spread his personal Network Link and build and expand his own Affiliate Team.
4.3 COMMISSION STRUCTURE
Listed below are the percentage commissions that the Parent Affiliate receives from the downline Affiliates sales at each level.
Direct Sales: | 13.50% |
Level 1: | 9.00% |
Level 2: | 6.75% |
Level 3: | 4.50% |
Level 4 | 3.37% |
Level 5 | 2.25% |
Level 6 | 1.81% |
Level 7 | 1.37% |
Level 8 | 1.12% |
Level 9 | 0.88% |
Level 10: | 0.80% |
Level 11: | 0.72% |
Level 12: | 0.64% |
Level 13: | 0.52% |
Level 14: | 0.44% |
Level 15: | 0.40% |
Level 16: | 0.36% |
Level 17: | 0.32% |
Level 18: | 0.28% |
Level 19: | 0.24% |
Bearro Ltd. reserves the right to adjust and change the sales price of the products in the Happy Homes Shop and the amount of the commission rates at any time. If the Affiliate does not agree to the change, he must withdraw from the Affiliate Program and delete his Affiliate account.
VI. REMUNERATION
1. VALIDITY OF ORDER
- The sale must be confirmed and fulfilled by Bearro Ltd.
- The customer must provide correct and valid personal data, such as name, address, phone number and anything else Bearro Ltd. needs to fulfill the order.
- The order must be successfully paid by the customer using a payment method provided by Bearro Ltd.
- The order is considered invalid if the customer exercises his right of withdrawal - also known as the right of return - with a 14 days’ notice as stated in section VI point 2.
2. RIGHT OF WITHDRAWAL OF ORDERS
The customer has the right to return the order within 14 days without giving any reason. The withdrawal period is 14 days from the day on which the customer acquires physical possession of the product. If the product is returned by the customer within the given period, the order is considered as invalid.
3. PAYOUT PROCEDURE
Bearro Ltd. offers two payout methods: PayPal and Store Credit, which the Affiliate can choose in the settings of his Affiliate Account. The payment is made via PayPal to the customer account or can be converted into credit Coupons, which can be used in the Happy Homes Shop. All processing, calculation, payout etc. in the Affiliate Program is done exclusively in US dollars.
The claim to remuneration and thus the payment of the commission only arises upon expiry of the customer's 14-day revocation period. The approved and paid commission amounts will be visible in the Affiliate’s dashboard.
4. CONDITIONS OF REMUNERATION
- The Affiliate account was successfully activated by Bearro Ltd. before the time of referral purchase. Sales made before the registration in the Affiliate Program will not be counted.
- The sale must be valid in terms of the requirements of section VI point 1.
- The purchase has come about as a result of the Partner's advertising activity.
- The customer had an active Affiliate cookie indicating you as the Affiliate during the time of the purchase (the sale has been tracked by Bearro Ltd.) or the customer has entered the Coupon Code successfully in the checkout of his cart.
- Coupon Codes can’t be cumulated.
- An Affiliate can be his own customer by using his own Coupon Code or Affiliate Link. However, this only applies for your private use. It is strictly forbidden to purchase products from the Happy Homes Shop and resell them at prices other than the original purchase price in the Happy Homes Shop.
5. EXCLUSION OF REMUNERATION
- Orders that come about due to Partner leads generated via Partner websites or other advertising spaces, where Bearro Ltd. has requested the Partner to remove the advertising material, are not subject to remuneration. This shall apply from the time of the request.
- Sales generated by fraud in the sense of section X.
- Returns - for whatever reason - shall not be deemed to be a sale if the end customer has not paid or if payments made by him are refunded.
6. AMOUNT OF THE REMUNERATION
The amount of the remuneration shall be based on the commission stated in the respective campaign at the time of the sale. If nothing is specified, a commission of 13.5% of the net price of the respective sale shall apply. The commission amount is dependent on order value and is not including extra fee such as tax, shipping cost, etc. The amount of commission from the downline Affiliates in the Affiliate Network is stated in section V point 3.3
7. SETTLEMENT
Bearro Ltd. shall provide the Partner with a statement of the remuneration claims on its Affiliate account. The statement must be checked without delay. If the Partner has any objections to a statement, these must be raised with us in written form within 30 days. After expiration of this period, the statement shall be considered as accepted.
VII. TAX ISSUES
The Partner is independently responsible for the declaration of his income under his own country law. Bearro Ltd. is entitled to provide information. There is no automatic duty to provide information on the part of Bearro Ltd. The information of the income is provided exclusively on request of a tax authority. In accordance with U.S. tax law and IRS regulations, it is a requirement for the merchants to collect W-9 forms from all Affiliates who are US citizens. It is a way for the government to ensure that taxes are being paid. All US citizens are obligated to deliver the W-9 forms immediately after the Affiliate Program Registration.
VIII. TECHNICAL CONCERNS
Bearro Ltd. runs its website and the services offered on it, such as the provision of product data, at its own discretion within the scope of the technical possibilities. In this context, Bearro Ltd. does not owe any error-free and/or uninterrupted availability of the website. The quality and correctness of the products and advertising materials offered on the website of Bearro Ltd. are at its sole discretion.
1. COOKIES
Bearro Ltd. is not responsible for cookies deleted intentionally or unintentionally by users, or for commission losses due to expired cookies. Affiliate commissions tracking is based solely on an active cookie at the time of referral to purchase. If a user does not allow or clears cookies, Bearro Ltd. cannot track them and therefore cannot pay commissions based on the user's activity. Bearro Ltd. is not responsible for the overwriting of cookies and the resulting loss of commissions. Bearro Ltd. reserves the right to deny claims for commissions if the Affiliate system is not functioning due to hardware or software malfunction, disrupting cookie placement. Bearro Ltd. reserves the right to adjust the lifetime of cookies at any time.
2. ELECTRONIC ATTACKS
The Affiliate undertakes to refrain from electronic attacks of any kind on Bearro Ltd.’s tracking system and/or its websites. Electronic attacks include, in particular, attempts to overcome, circumvent or otherwise disable the security mechanisms of the tracking system, the use of computer Programs for the automatic reading of data, the use and/or distribution of viruses, worms, Trojans, brute force attacks, spam or the use of other Links, Programs or procedures that may damage the tracking system, the Partner Program, Bearro Ltd. and any label or product of it or individual participants of the Partner Program.
IX. ADVERTISEMENT
1. ADVERTISING MATERIAL
If the Affiliate successfully signs up and agrees to participate in the Affiliate Program, Bearro Ltd. will provide him with approved promotional materials, which may include Bearro Ltd. trademarks, trade names, logos, banners, Links and text. As an Affiliate, Bearro Ltd. grants you revocable, non-exclusive and non-transferable license to use the promotional materials for placement only on your Affiliate website, transmission via email or direct marketing for the sole purpose of promoting Bearro Ltd. products and services. Approved materials may not be used for any other purpose without the express written permission of Bearro Ltd. Promotional materials and other Bearro Ltd. copyrights or intellectual property may not be copied, distributed, modified or used for any other purpose. You agree to use only Bearro Ltd. approved materials when promoting our services.
In the event of cancellation or termination of the Affiliate account, the license to use Bearro Ltd. approved promotional materials will automatically be cancelled.
Inappropriate promotional methods include, but are not limited to:
- The use of iframes, Link cloaking, masking or other cookie stuffing techniques that place your Affiliate tracking cookie without the user's knowledge. Any method that excludes an actual click is considered inappropriate.
- The use of the Bearro Ltd. and Happy Homes name (including any variations, misspellings, or other confusing terms similar to the Bearro Ltd. and Happy Homes trademark) in pay-per-click (PPC), pay-per-impression, pay-to-read, banner exchanges, click exchanges, pop-up/under, or similar techniques.
- Using Bearro Ltd.’s trademark (including any variations, misspellings, or other confusing terms similar to the "Bearro Ltd" trademark, name, or logo) in your Affiliate website domain name, company name, logo, trademarks, products, or social services.
Bearro Ltd. reserves the right to request additional information about advertising practices of the Affiliate. Bearro Ltd. reserves the right to decide whether an advertising method used by the Affiliate is appropriate. If we have reasonable cause to believe that an advertising method is deemed inappropriate, this may result in the suspension or termination of an Affiliate account and the cancellation of any outstanding commission payments.
2. SHARED CONTENT
The Partner is responsible for the content and ongoing operation of the Partner websites or other advertising spaces and will not post any content there during the term of this Agreement that violates applicable law, morality or the rights of third parties and/or is likely to damage the reputation of Bearro Ltd. Bearro Ltd. is entitled, but not obliged, to review the Partner websites or other advertising spaces. The Partner is especially prohibited from distributing content, that represents, refers to or contains content such as
- racism
- lewd, pornographic, obscene, racial, religious, discriminating, or otherwise illegal content
- glorification of violence and extremism of any kind
- calls and incitement to criminal offences and/or violations of the law, threats against life, limb or property
- incitement against persons or companies
- statements that violate personal rights, slander, defamation and defamation of users and third parties, as well as violations of the law of fair dealing
- copyright infringing content or other infringements of intellectual property rights or
- sexual harassment of users and third parties
Such content may not be integrated on the Partner websites or other advertising spaces themselves, nor may Links to corresponding content on other websites be set from Partner websites or other advertising spaces of the Partner.
The development, operation and maintenance of the Partner websites or other advertising spaces and all materials that appear on it are solely the responsibility of the Affiliate. The Partner shall be free to decide whether and for how long he places the advertising media on the Partner websites or other advertising spaces. He is entitled to remove the advertising material at any time. The Affiliate shall immediately remove advertising materials from the Partner websites or other advertising spaces if requested to do so by Bearro Ltd. This shall also and in particular apply to websites on which Bearro Ltd. does not wish the advertising material to be integrated or no longer wish it to be integrated for whatever reason.
The Affiliate’s responsibility includes, but is not limited to, ensuring the accuracy of material published on the Partner websites or other advertising spaces. Bearro Ltd. is not responsible or liable for such issues, even if the Partner websites or other advertising spaces contain materials related to Bearro Ltd.’s products and services. The Affiliate is strictly prohibited from spreading misinformation, misdirection, suggestions, etc. Furthermore, the Affiliate is prohibited from speaking and spreading opinions on behalf of Bearro Ltd., Happy Homes or any of our brands. Bearro Ltd. dissociates itself from any personal statements made by Partners.
In particular, the Affiliate may not place any contextual advertising (in particular Google Ads or AdSense) without Bearro Ltd.'s explicit written permission, that contains the name, company keywords or trademarks of Bearro Ltd. or is delivered due to the use of corresponding keywords. The same applies to the names of our products.
X. SALES GENERATION FRAUD
Any form of abuse, i.e. the generation of leads and/or sales via unfair methods or improper means that violate applicable law and/or these GTC, is prohibited. In particular, the Partner is prohibited from attempting to generate Leads and/or Sales or to ensure that Sales are attributed to the Affiliate by means of one or more of the following practices, either itself or through third parties:
- Pretending to generate leads or sales that have not actually taken place, e.g. by providing unauthorized information of third parties or by providing false or non-existent data when ordering goods on our website.
- Use of forms of advertising that allow tracking but do not display the advertising material, do not display it perceptibly or do not display it in the specified shape and/or size.
- Cookies may not be set when the user visits the website, but only if the user of the Affiliate website has previously clicked on the advertising material in a voluntary and deliberate manner.
- Other forms of Affiliate fraud (in particular cookie spamming, forced clicks, Affiliate hopping) as well as the use of layers, add-ons, iFrames and postview technology in order to increase leads.
- The customer must carry out order transactions of his own free will and without the help of the Affiliate, even if the customer acts on his behalf.
It is prohibited for the Affiliate to use any illegal methods of advertising, e.g., mass-mailing, unsolicited mailing, spam, etc. E-mail advertising containing advertising material or advertising for us in any other way may only be sent if this has been approved by Bearro Ltd. in advance and express consent to advertising by e-mail has been given for all addresses and verification of the e-mail address has been carried out and documented by means of a double opt-in procedure.
Use of terms that are legally protected for Bearro Ltd. or third parties, in particular under trademark law, for example in search engines, in ad placements or in the advertising of the Partner websites or other advertising spaces without Bearro Ltd.’s express prior written consent. In particular, the Affiliate is prohibited from maintaining websites on the Internet that could lead to a risk of confusion with Bearro Ltd. or products offered by it. In particular, the Partner may not copy website, landing pages or other appearances of Bearro Ltd. or adopt graphics, texts or other contents of Bearro Ltd. The Partner must avoid the impression that the Partner websites or other advertising spaces is a project of Bearro Ltd. or that its operator is economically connected with Bearro Ltd. in a way that goes beyond the Partner Program and this Agreement. Any use of materials or content from the website of Bearro Ltd. as well as of its logos or trademarks by the Affiliate requires Bearro Ltd.’s prior written approval.
If Bearro Ltd. discovers a pattern of behavior in your Affiliate practice that, in our objective opinion, violates these Terms and Conditions, we reserve the right to suspend or terminate your Affiliate account and cancel any approved commission payments due.
XI. TERMINATION OF THE AGREEMENT AND BLOCKING
The Agreement shall run for an indefinite period of time and may be terminated by either party at any time without observing a notice period and stating reasons. In addition, and beyond this, the right of the parties to terminate the contractual relationship by extraordinary termination for good cause shall remain unaffected. If the Affiliate is unable to provide Bearro Ltd. with required information, this may result in your disqualification from the Affiliate Program, the suspension or termination of your Affiliate account, and the forfeiture of commissions.
1. CANCELLATION OF THE AFFILIATE ACCOUNT
The termination can be made by Bearro Ltd. or by the Affiliate via e-mail to info@happyhomes.shop. A termination declared by Bearro Ltd. by e-mail shall be deemed to have arrived on the day on which it is sent to the e-mail address specified by the Partner in the Affiliate account. We may also declare termination by restricting access to the Affiliate account. The Affiliate may also declare the termination by deleting the Affiliate account. The contract shall be terminated upon receipt of the notice of termination.
If the Affiliate wishes to delete his Affiliate Account, it is his responsibility to pay himself the commission before closing the Affiliate Account. The Affiliate must take into consideration that commissions are approved and can be paid out only after the expiration of the customer's withdrawal period in case of a purchase. After deleting the Affiliate account, no claim can be made for commissions that have not yet been paid out by the Affiliate.
In case of termination of this Agreement due to a violation of these terms, Bearro Ltd. will not process any outstanding commission payments. Leads and/or sales generated after termination of the Agreement shall not result in an obligation to pay remuneration.
Both parties will be released from all responsibilities and liabilities defined in this Agreement, except for obligations that inherently survive the termination of the Agreement.
2. BLOCKING OF THE AFFILIATE ACCOUNT
Instead of terminating the Agreement, Bearro Ltd. may also block the Affiliate account in the cases set forth in section XI and X. This shall also apply if there is only a reasonable suspicion of misuse. Bearro Ltd. will inform the Partner of the reason for the block and lift the block again when the reasons that led to the block have been clarified and, if necessary, eliminated. Leads generated during the period of the block shall not result in an obligation to pay remuneration.
3. CASE OF DEATH
In case of death an Affiliate, his legal heirs according to the respective country shall contact Bearro Ltd. and provide all necessary information proving that the Affiliate is considered dead and has become a decedent. Bearro Ltd. is not responsible for any inheritance matters. Bearro Ltd. will transfer the customer base and the account of the deceased Affiliate to the legal heir. If the latter does not contact Bearro Ltd. within six months from the date of death of the Affiliate, the Affiliate Account will be deleted and any claim to future commissions will expire.
XII. INDEMNIFICATION CLAIM/CONTRACTUAL PENALTY
The Affiliate shall indemnify Bearro Ltd. and its employees or agents against all claims by third parties arising from alleged or actual infringement of rights and/or violation of third party rights by actions undertaken by the Affiliate in connection with the Partner Program. In addition, the Partner undertakes to reimburse all costs incurred by us as a result of such a claim by third parties. Reimbursable costs also include the costs of an appropriate legal defense.
The Affiliate undertakes to pay a contractual penalty for each case of misuse pursuant to be determined by us at our reasonable discretion and to be reviewed by a court in the event of a dispute. The contractual penalty shall not exceed all the Partner's turnover made with our Affiliate Program. Further claims for damages shall remain unaffected by this provision.
XIII. CONFIDENTIALITY
The Affiliate undertakes to keep secret for an unlimited period of time (even beyond the end of this contract) all knowledge of Bearro Ltd.’s trade and business secrets or other confidential information obtained within the framework of the contractual relationship, to use it only for the purposes of the Agreement and in particular not to pass it on to third parties or otherwise exploit it. If information is designated by Bearro Ltd. as confidential, there shall be an irrebuttable presumption that it is a trade or business secret.
The content of this Agreement and the documents pertaining thereto shall be treated confidentially by the Affiliate (as a trade and business secret).
XIV. LIABILITY
In no instance shall Bearro Ltd. be liable to the Affiliate for lost profits or any consequential, special, incidental or indirect damages, however, caused and on any theory of liability (including without limitation, negligence), arising out of or related to this Agreement whether or not the Partner has been advised of the possibility of such damages. The Affiliate acknowledges that commissions agreed upon in this Affiliate Agreement are based in part upon these limitations, and that these limitations will apply notwithstanding any failure of essential purpose of any remedy.
XV. FINAL PROVISIONS
Should the Agreement contain invalid provisions, the validity of the rest of the contract shall remain unaffected.
Bearro Ltd. reserves the right to adjust these Terms and Conditions at any time. All new or revised Terms and Conditions take effect immediately. If the Partner does not agree with the changes, it shall be entitled to notify us of this within four weeks of receipt of the notification of change. In this case, we shall have a special right of termination. If such notification is not made within this period, the changes shall be deemed to have been accepted and shall enter into force upon expiry of the period. If the Affiliate does not agree with our new Terms and Conditions, he must terminate his account in the Affiliate Program.
The present Agreement shall be governed exclusively by Bahamian law.
If the Affiliate is a merchant, a legal entity under public law or a special fund under public law, the Bahamas is agreed as the place of jurisdiction for all disputes arising from or in connection with contracts between Bearro Ltd. and the Affiliate.
GO FORWARD AND REFER!
We're very glad you've made it to the end of this important document.
We wish you all the very best. You can always re-visit these Affiliate Program terms and conditions in the future and if you have any questions, you can send an email to info@happyhomes.shop for support.