Terms & Conditions
The agreement is between you (the “Affiliate”) and The Home Within You. It contains the complete Terms & Conditions of The Home Within You Affiliate Program. (Please Note: "we", "us", and "our" refers to The Home Within You and "you", "yours", "your" refers to the Affiliate applicant.) The term of this agreement will begin once you are accepted into The Home Within You Affiliate Program and will end upon notice of termination from either you or The Home Within You. Please fully read and understand this Agreement before making the application. Your application to become an Affiliate constitutes your full knowledge and understanding of this Agreement. Once accepted into the Affiliate Program by The Home Within You, you agree to remain in complete compliance with this Agreement.
Rights and Restrictions
1. We reserve the right to approve or reject ANY Affiliate Program Registration in our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Affiliate Program Registration. All new Affiliate requests will be reviewed and decided upon within 24-48 hours. In the event that we have opted to accept or reject your acceptance as an Affiliate, we will notify you by e-mail within this 24-48 hour time frame. The Home Within You will exercise their own discretion during the decision-making process and may decide to decline any application without providing a reason.
1.1 All Affiliates are required to be of legal age to enter into a contractual agreement.
1.2 As part of this agreement, all Affiliates who are accruing active commissions must do so through a visible The Home Within You banner, link, or other forwarding methods on a publicly viewable website, newsletter, blog, etc. Failure to do so may result in a terminated account. We may share promotion media such as banners, logos or specific collection promotions to you through the Marketing tool tab. You can download the media or get the HTML embed code in order to share on affiliate channels.
1.3 Affiliate Links and Coupons are automatically generated, but you can also generate an affiliate link for a specific product or collection. If a person clicks on someone else’s referral link and then later they click on yours, yours is the one that counts.
An affiliate might or might not be assigned to one coupon code with details and usage clarified on Dashboard. If customers both click on the affiliate link and use coupon code, you will not receive a double commission. If you’re not assigned a branded coupon, then you’re not allowed to promote the coupon.
Affiliate may also advertise merchant website on online channels such as Facebook, Instagram,... or offline classified channel ads, magazines, and newspapers.
1.4 If the Network tab is activated, the affiliate can invite others to become their downline affiliate. If any downline affiliate brings order to merchant shop, upline affiliate will also get network commission which depends on merchant settings.
To invite other affiliates into the system, share network link and any other affiliate who click on that link and sign up will become a downline affiliate.
2. The Affiliate account may be canceled by The Home Within You at any time for any reason we feel appropriate. This is usually the result of slander, misrepresentation of The Home Within You, spam e-mail used to promote the Affiliate, posting The Home Within You"s links on unapproved web sites, uploading Affiliate code through the use of unapproved methods or web sites that we feel might bring The Home Within You disrepute, etc. An issued warning letter in the form of e-mail, fax, or letter will be sent first. If no reparations have been made, then the Affiliate’s account with The Home Within You will be terminated.
2.1 All Affiliates may cancel their account with The Home Within You at any time and for any reason. If an affiliate wishes to be removed from the affiliate program, they can do so by contacting: firstname.lastname@example.org
2.2 Affiliate accounts are non-transferable. The Affiliate account will belong to the original registered owner until such time as the account is canceled by either party.
Access to Account Management Services
3. Immediately after your acceptance into The Home Within You The affiliate program you will be e-mailed links, passwords, and the related information necessary to gain access to your control panel. From here you may manage your account and set its parameters. We suggest you keep these invaluable links in a safe place and in a place that is easily accessible by you. If for any reason you lose this information we will be able to re-send it to you.
Use of Graphics & Links, Limitations of Use, and Cookie Periods
4. IMPORTANT: Only HTML code and approved linking information are to be used for the Affiliates website. Failure to do so will result in misappropriated commissions, for which The Home Within You will not be responsible. All of the links, graphics, and account management information will be provided to the Affiliate after their acceptance into the program. In no way is the Affiliate to use graphics or links not approved by The Home Within You.
4.1 Once a viewer clicks on an Affiliate link and places an order with The Home Within You that viewer becomes the sole customer of The Home Within You. The Affiliate will not have access to the customer’s account information, contact information, and will not be allowed to communicate with the customer in regards to their order(s) placed with The Home Within You. The Home Within You is responsible for all customer service, fulfillment, processing, shipping, and after-order inquiries made by the customer.
4.2 This agreement does not constitute a joint venture, partnership, franchise, or other representative business of The Home Within You. The Affiliate is being paid as an independent contractor and in no way is this to be interpreted as representation or endorsement by The Home Within You.
4.3 The Home Within You may at any time refuse any particular link, text , or referring graphic used to forward a viewer to The Home Within You website. Only approved links, banners, graphics, and text may be used.
4.4 The use of The Home Within You Affiliate links, or links referring to a particular Affiliate link is strictly prohibited through the use of junk mail, e-mail server programs, spam, hit distribution networks, pay-per-click programs, or through mass distribution in chat rooms, etc. The Home Within You holds sole discretion on what is termed as "inappropriate use" and may at any time close an account if we are given information on inappropriate use.
4.5 We use a cookie to track people who have clicked on your link, so they need to be using cookies for us to track them.
If a person doesn't allow cookies or clears their cookies then we can't track them so can't pay earnings on that person's activity.
The cookie period for The Home Within You Affiliate program is exactly 90 days. After this 90 day period, the viewer must come back to the Affiliate's website and proceed to click a link for a commission to be earned.
Cookies day is said on the Affiliate registration form. The tracking day will start from the time a customer clicks on the affiliate’s link or uses the coupon. Within the cookie time, every order made by this customer at merchant website will automatically result in commissions to the affiliate (There’s no need for the customer to click on the affiliate link then).
4.6 IMPORTANT: Commissions will not be reported or recorded by viewers who have set their cookie protection settings to a high standard. This may block and prevent the necessary cookies from being installed thus preventing the accrual of commissions that you as the Affiliate may earn.
4.7 IMPORTANT: The Home Within You is not responsible for sales lost through high security settings, firewall parameters, or any other settings or equipment that prevents the necessary cookies from being installed.
4.8 Affiliates are solely responsible for the development, operation, maintenance and technical operation of their web sites including all materials that appear on their websites and related equipment.
5. We welcome Affiliates from the international community but payouts to international Affiliates from The Home Within You will be made via PayPal.com ONLY. There are NO exceptions. If you do not currently have a PayPal.com account, or if you are unable to receive payments via PayPal.com for whatever reason, then we will be unable to pay you the commission earned and your account will be terminated. All payments are processed during the third week of every month.
Commissions and Payment
6. Monthly payout to the Affiliate will accrue in their account until a minimum of $100.00 has been met. We will not make payments or reimbursements to Affiliates for amounts under $100.00. This helps us manage over-head and accounting fees. All commission payouts will be processed on the 15th day of each month.
6.1 Refer any customer to make a purchase on our website, you will get a commission amount which is calculated based on Commission structure. Commission amount is dependent on order value and not including extra fee (tax, shipping cost,...).
For an Affiliate to receive a commission, you need to specify the payment details on Settings. The payment schedule will be notified on the Affiliate Guide page.
Payments will only be sent for transactions that have been successfully completed. Use of the Affiliate program is subject to a fair use policy which gives merchants the right to review each and every referral order. Status of commission if displayed in Commission tab, any paid commission will be listed on Payment tab. Transactions that result in chargebacks or refunds will not be paid out.
You will not receive a commission on orders that are paid via any other method. In addition, you will not receive a commission on special discounted promotions, shipping charges, or taxes.
6.2 Commissions can be voided within your account for reasons which we will feel are appropriate. This is usually the result of fraudulent orders, excessive clicks from the same IP address declines from the referred customer's credit card, or other reasons that facilitate garnishment of commission. In the event that this occurs you will be notified immediately.
6.3 We will not be responsible for lost commissions due to improper coding or inoperative links.
6.4 Payouts to all Affiliates from The Home Within You will be made via PayPal.com ONLY. There are NO exceptions. If you do not currently have a PayPal.com account, or if you are unable to receive payments via PayPal.com for whatever reason, then we will be unable to pay you the commission earned and your account will be terminated.
Fraudulent Orders & Orders Outstanding
7. It is possible that we may receive an order that is illegitimate and fraudulent. This usually takes place with a stolen or dispossessed credit card. In the event that we receive an order, which we have conclusive evidence of being fraudulent, we will cancel the order entirely and decommission your account for 20%. If this is to occur you will be notified immediately.
7.1 The Home Within You reserves the right to decide whether or not a viewer from your web site will be serviced, sold to, or otherwise catered to.
Grant of License & Restricted Use
8. The Home Within You grants you a non-exclusive, non-transferable, revocable right to use our banners, advertisements, links, trademarks, logos and HTML used solely for the purpose of advertising The Home Within You website.
8.1 The Home Within You holds sole editorial discretion on how links are worded, or described on the Affiliate’s website. The Home Within You is not responsible for the creation of the links, which may be posted on your web site and will only be involved with editorial review. You also agree to fully cooperate to work with The Home Within You to maintain and manage links.
8.2 All content on the Affiliate’s web site including links, banners, text, etc, leading to any or all content within The Home Within You web site is the sole responsibility of the Affiliate. Because of the constantly changing nature of The Home Within You web site, we hold it to be the Affiliate’s responsibility to update and manage their own links leading to The Home Within You website. We are not responsible for alerting the Affiliate or making recommendations on when we anticipate changing the links or directions to content on The Home Within You website.
8.3 If The Home Within You believes that fraudulent clicks have been recorded within your account as a result of masking links, multiple clicks or through embedding the code in a hidden fashion within your pages, or if the commission links have been exploited in any other way, we reserve the right to cancel any or all commissions and if necessary, close the account.
Tax Reporting Responsibilities
9. All Affiliates who are from USA require to provide Social Security numbers or tax ID numbers at signup.
9.1 Once an Affiliate has accrued over $600.00 dollars in commission payouts, we must request and receive the social security number of the Affiliate who is receiving payments from The Home Within You. The Internal Revenue Service (IRS) requires us to submit a 1099 tax form for contracted business services and because the Affiliate is paid and recognized as a "contractor", this information needs to be accurately gathered and submitted to the IRS. In the event that an Affiliate fails to provide this information or wishes to omit this information the Affiliates account will be terminated.
Changes to This Agreement
10. The Home Within You may change the wording and structure of these Terms & Conditions at any time. When a change to these Terms & Conditions occur, all Affiliates will be notified within 24 hours.
11. Your privacy is a major concern for The Home Within You. We will not sell, disperse, trade, or otherwise disseminate your account information to any organization outside of The Home Within You.
12. The Home Within You does not make any guarantees on the Affiliate program’s ability to generate income for the Affiliate or applicant. We are exempt from all warranty, including, traffic generated, revenue earned, and functionality of the Affiliate program.
Limitations of Liability
13. WE WILL NOT BE 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, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT, SHALL The Home Within You CUMULATE 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 agree to indemnify and hold harmless The Home Within You and its employees, representatives, officers, agents, and affiliates, against any and all claims, suits, actions, or other proceedings brought against The Home Within You based on or arising from any claim, (i) that our use of any material provided by you infringes on any copyright, patent, trademark, trade secret, or any other intellectual property right of any third party, or, (ii) resulting from your breach of this Agreement or resulting from your breach of any third party intellectual property right or misappropriation of any material, or resulting from any of your defamatory, libelous act or resulting from your violation of any third party right of publicity or privacy. You will pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by The Home Within You in connection with or arising from any such claim, suit, action, or proceeding.
DATED: January 2022
By agreeing to become a thehomewithinyou.com online affiliate, you agree to adhere to all of the rules and regulations found here: https://www.ftc.gov/tips-advice/business-center/guidance/can-spam-act-compliance-guide-business
BY JOINING YOU INDICATE THAT YOU AGREE TO ALL OF THE ABOVE.
INFORMATION YOU NEED TO PROVIDE TO US BEFORE GETTING STARTED:
Tax ID: SS# or EIN# (Please Enter your Social Security Number (SS#), Employer Identification Number (EIN#), or other
Tax ID number if you reside outside the United States.) *
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 email@example.com for support.