HMEx Affiliate Agreement
This agreement is between HMEx (“Company”) and the referral partner (“Affiliate”) and establishes the terms and conditions for participation in the HMEx Affiliate Program (the “Program”). By completing and submitting this partner application, Affiliate agrees to the following:
Relationships
Affiliate is an independent contractor who recommends Company products and services. Affiliate is not an agent or legal representative of Company for any purpose, and has no authority to act for, bind or commit Company.
Term, Limitations, Termination
The term of this Agreement is twelve (12) months from the date of application acceptance by Affiliate and Company. This Agreement shall automatically renew on each subsequent year for a one-year term, unless it is terminated earlier in accordance with this Agreement.
Company or Affiliate may terminate this Agreement without cause at any time upon thirty (30) days written notice, except that neither the expiration nor earlier termination of this Agreement shall release either party from any obligation which has accrued as of the date of termination.
Affiliate understands and agrees to the following causes for immediate termination:
- Affiliate cannot sell, advertise, or engage in pornography, phishing scams, spamming, illegal business practices, or that include any material infringing on National or International Copyright.
- No coupon sites allowed (either as an Affiliate, or posted on coupon sites), and no purchasing adword’s, etc. that include the Affiliate link (only organic links from Affiliate’s own website, social media accounts, forums, or emails are acceptable).
- Affiliate will not promote with any type of mass email spam (newsletters, social posts, etc. are not considered spam)
Company may, from time to time, give Affiliate written notice of amendments to this Agreement. Any such amendment will automatically become a part of this Agreement ten (10) days from the date of the notice unless otherwise specified in the notice.
Use of Company Trademarks
Affiliate acknowledges that the Company owns all right, title, and interest in the Company names and logotypes. Affiliate will acquire no interest in any such trademarks or tradenames by virtue of this Agreement, its activities under it, or any relationship with Company.
During the term of this Agreement, Affiliate may indicate to the public that it is an affiliate of the Company and may use Company trademarks and trade names to promote Company products or services. Affiliate will not adopt or use such trademarks or tradenames, or any confusing word or symbol, as part of its company name or URL.
Affiliate Fees
The Company pays Affiliate fees for the products, so long as the prospect is not already a customer of the Company or has not already been referred previously by another Affiliate.
Affiliate can refer a prospect via the online referral form, or the prospect can be referred to the Company online store using the assigned Affiliate’s link code—where a cookie (valid for 45 days—must use the same browser from link to retain cookie) will automatically track the referral and provide credit.
Affiliate is paid based on the final sale amount (list price less any potential coupons or discounts). The minimum accrued balance must be $25 or higher before payout is sent.
Commission is typically paid within the first week of every month for everything that has been cleared.
Commissions are not paid for any product or service that is refunded.
Affiliate Commission Amounts
Unless you have received written notice otherwise, Company pays 10% commission. The company may also provide additional incentives or commissions as part of promotions (details contained within the promotion).
Affiliate News
By becoming an affiliate, you agree to receive emails from the Company. These may contain important information about the affiliate program, existing or new products, and promotional ideas.
Rejection of Affiliate Application
The Company reserves the right to reject an Affiliate application for any reason.
Jurisdiction
Whatcom County, Washington law governs this agreement. This agreement is the entire agreement and may be amended only by the parties to it. All notices must be sent via certified mail, or by email (if the receiving party acknowledges receipt).
By submitting the Affiliate application, you acknowledge that you have read the terms and conditions, understand, and agree with them.