Conversion action | Online purchase with processed valid payment |
---|---|
Cookie days | 90 days |
Commission type | Percent of Sale |
Base commission | 10.00% |
ECONOHOME INDEPENDENT
AFFILIATE AGREEMENT
This Affiliate Agreement (this "Agreement")
and the Econohome Terms and Conditions incorporated herein by reference
(collectively the "Agreement") govern your application to join, and
any subsequent participation in, the Econohome's Affiliate program (the "Program").
By accepting the terms herein this Agreement, or by participating in the
Program, you also agree to be bound by the terms herein.
In this Agreement, "we" and
"us" mean "Econohome," owned and operated by Ye Jacoby LLC,
and "You" means the Affiliate participating in the Program. "Our
Site" means the website located at www.econohome.net, and "Your Site" means the website that
you establish through the Program.
Upon execution of this Agreement, you will
become an Independent Affiliate of Econohome, established for purposes of
marketing and distributing Econohome products (the "Econohome
Products").
By completing the registration process and
agreeing to the terms and conditions of this Agreement, you agree to be bound
by these terms as well as the other policies of Econohome, including our privacy
policy. If you do not wish to be bound by the terms of this Agreement, please
exit this Econohome affiliate registration process now. Your sole and exclusive
remedy for dissatisfaction with this site, or any products, services, content,
or other information available on or through this site, is to stop using the Econohome
website and/or those particular products or services.
Enrollment
and Acceptance
To set up an Affiliate Account please fill in
the online sign-up form on our Website. You agree to provide Econohome with all
information reasonably requested in connection with your Affiliate Program
application. You represent and warrant that all information you provide is
truthful and accurate. You understand and agree that Econohome has sole and
exclusive discretion to determine your eligibility for participation in the
Affiliate Program. Econohome reserves the right to change its criteria for the
Affiliate Program at any time, for any reason. You expressly consent to be
contacted about your Affiliate Program application and participation via the
email address and phone number provided in your application. Such contact may
include, but is not limited to, texts, calls, and pre-recorded messages. You
can revoke this consent at any time by submitting a revocation in writing to
Econohome.
Independent
Contractor Relationship
The parties are independent contractors, and
nothing in this Agreement creates any partnership, joint venture, agency,
franchise, sales representative, or employment relationship between the
parties. Affiliate will have no authority to make or accept any offers or
representations on Econohome's behalf and you will always be responsible for
all your omissions and acts.
Program Rules and Affiliate Responsibilities
i
Affiliates must
comply with all applicable laws, regulations, platform guidelines, and codes of
ethics when promoting Econohome's products. Prohibited practices include but
are not limited to: spamming, trademark infringement, making false/misleading
claims, cookie stuffing, keyword stuffing, etc. Violations may result in
immediate termination from the program.
ii Affiliate is solely responsible for ensuring
their website(s) featuring EconoHome links comply at all times with all
applicable laws, regulations, and platform policies.
iii Affiliate represents they are 18 years or
older. Participants under 18 are prohibited from joining the EconoHome
Affiliate Program.
iv Affiliate warrants that all information
provided to EconoHome is true, accurate, up-to-date, and complete. Affiliate
must immediately notify EconoHome of any changes by updating their account.
v Affiliate warrants that they either own rights
to all content/information on their website(s) or have express permission from
the owner to publish it. Content must not infringe on any third party rights or
contain offensive or prohibited material.
vi Affiliate must not generate artificial traffic
to EconoHome or interfere with the website's functionality. Prohibited
activities include transmitting destructive code or encouraging Terms of Use
violations.
vii Affiliate must promptly report any known or
suspected misuse of EconoHome links or affiliate program.
viii Affiliate must not use typosquatting or own
domains misspelling "EconoHome."
ix Affiliate must not place links on domains
containing EconoHome's trademarks.
x Affiliate must not promote illegal, violent,
defamatory, obscene, or other prohibited content.
xi Affiliate may only use EconoHome content
expressly permitted for affiliate partners.
xii Affiliate must not email links to EconoHome
unsolicited or without opt-in consent. All emails must contain unsubscribe
instructions.
xiii Affiliate must not bid on "EconoHome"
keywords or place links on prohibited advertising platforms.
xiv Affiliate may not purchase EconoHome products
through their links solely to obtain commission.
xv Affiliate must ensure their promotions
containing EconoHome links are not false or misleading.
xvi Affiliate must use links as provided and not
use URL shorteners.
xvii Affiliate must not make public disparaging
statements about EconoHome.
Commissions
and Payment
For the services performed by you during the
term of this Agreement, EconoHome will be obligated to do the following:
i
Pay Affiliates a
10% commission on qualified sales properly tracked and attributed to the
Affiliate. EconoHome may adjust commission rates at its sole discretion.
ii Commissions will be calculated on a monthly
basis and issued within 30 days of the end of each calendar month, provided the
affiliate account is in good standing.
iii Payments will be issued to the primary email
address listed on the Affiliate's account once the minimum payout threshold is
reached.
Termination
and Closure of Inactive Accounts
Our Affiliates are not obligated to meet
quotas or guarantee sales. However, if any Affiliate Account is inactive for a
period of more than one (1) year, then we will close that account, meaning any
clicks using the unique link associated with that account will no longer be
registered to that account, and no commission will be payable in respect of any
sales coming through that link.
You can choose to end your membership of our
Affiliate program at any time, for any reason. Your account will then be
closed. This means any clicks using your unique link will no longer be
registered to your account.
We can terminate your membership of our
Affiliate program at any time, for any reason, by giving you thirty (30) days'
written notice. At the end of this thirty (30) day period, we will close your
account, meaning any clicks using your unique link will no longer be registered
to your account. Any commission which has not already been paid to you at the
date that your account is closed will be paid through to you on our next
payment date.
We can also terminate your membership of the
Affiliate program with immediate effect if you breach any of these Terms and do
not remedy that breach (if capable of remedy) within fourteen (14) days of
notice from us. If you do not correct the relevant breach within this time
period, we will close your account, meaning any clicks using your unique link
will no longer be registered to your account. Once your account has been closed,
no further commission will be payable, including any commission which has
accrued to your account but not yet been paid to you.
In addition to the termination provisions
above, either you or we will be entitled to terminate your membership
immediately by notifying the other in writing if the other is declared bankrupt,
enters into insolvency or administration proceedings.
If your membership of our Affiliate Program is
terminated for any reason you will be entitled to receive any unpaid commission
registered on your Affiliate Account, unless payment is excluded for any reason
set out in the above paragraphs. You will not be entitled to, or have any claim
against Econohome for, compensation of any sort.
Econohome may withhold any commissions for
investigation if termination results from a violation of this Agreement.
Unless this Agreement state otherwise, on
termination of your Affiliate Account neither you nor we will have any further
obligation to the other under this Agreement.
Intellectual
Property Rights
You are granted a limited, non-exclusive
license to use selected images, logos, trade names, trademarks, copyrighted
material and similar identifying material relating to us (collectively, the
"Licensed Materials") as provided by Econohome solely to advertise or
market our Services. All of the material on the Econohome Site, including text,
graphics, and other illustrations ("Content") is the property of Econohome.
You may not sell, reproduce, distribute, copy,
duplicate, resell, modify, display, prepare derivative works based on, repost,
exploit for any commercial purpose, or otherwise use any of the Content in any
way for any public or commercial purpose without the prior written consent of Econohome.
You may not use the Content on any other website or in a networked computer
environment for any purpose. If you violate any of this Agreement, your
permission to use the Content will automatically terminate. You must
immediately destroy any copies you have made of the Content, and we may end
your authorization to participate in the Program.
Econohome retains all rights to its Licensed
Materials (and any intellectual property embodied by the Licensed Materials) at
all times. Any other use is strictly prohibited, including use of the Licensed
Materials in any manner that is disparaging or that otherwise portrays Econohome
in a negative light. Determination of what is and is not acceptable use is at
the sole discretion of Econohome. You may not alter, modify, or change the
Licensed Materials in any way. We, in our sole discretion, may revoke your
license at any time, with or without cause and in our sole discretion, by
giving you notice. The license granted herein should not be construed as
granting any ownership rights in the Licensed Materials to the respective
licensee thereof, all of which rights will remain the property of Econohome.
Upon the effective date of the expiration or termination of this Agreement, the
license granted herein will expire, you agree to cease using such Licensed
Materials, and you agree to cease using all such Licensed Materials.
Indemnification
You indemnify, defend and hold harmless Econohome
and its directors, officers, employees, distributors, and agents from and
against any and all claims, expenses, wages, lawsuits, or other liabilities
(including, without limitation, reasonable legal fees and court costs) for
injury to any person, or for loss or damage to personal property, which arises
out of any misrepresentation by you regarding Econohome or our products, or any
other of your activities as an Econohome Affiliate.
Limitation
of Liabilities
Econohome will not be liable for indirect or
accidental damages (loss of revenue, commissions) due to affiliate tracking
failures, loss of database files, or any results of intents of harm to the
Program and/or to our website(s).
We do not make any expressed or implied
warranties with respect to the Program and/or the memberships or products sold
by Econohome. We make no claim that the operation of the Program and/or our
website(s) will be error-free, and we will not be liable for any interruptions
or errors.
Changes to this
Agreement
We may make changes to any of this Agreement at
any time by posting new or updated Agreement on the Site. We will also email
any new or updated Agreement to you using the contact email address you have
provided in your Affiliate Account details. Changes to this Agreement may
include, without limitation, changes in the way we award commission, fee
schedules, payment procedures and Affiliate Program rules. If any changes we
make are unacceptable to you, you will need to terminate your membership of our
Affiliate Program. If you continue to use your unique Affiliate link after we
have notified you of new or updated Agreement then you will be deemed to have
accepted those Terms.
Governing
Law
This Agreement will be governed by the
internal laws of the State of New York, without regard to the choice of law provisions
thereof. Any dispute between the parties arising under this Agreement will be
resolved by binding arbitration by an arbitrator to be conducted in Brooklyn, New
York, in accordance with the then-current rules of the American Arbitration
Association ("AAA"). The arbitrator shall have the discretion to
order that the cost of arbitration, including the arbitrator's fees, or other
costs, and reasonable attorneys' fees, shall be borne by the losing party. The
award of the arbitrator shall be binding and may be entered as a judgment in
any court of competent jurisdiction.
Miscellaneous
Entire Agreement: These Agreement constitute the entire
agreement between you and us with respect to the Econohome Affiliate Program,
and supersede all other communications between us in relation to your
involvement in our Affiliate Program.
Neither you or we will incur any liability to
the other for any loss or damage resulting from a delay or failure to perform
any of this Agreement (or any part of them) if the delay or failure is caused
(whether in whole or in part) by events, occurrences, or causes beyond the
control of that party, including without limitation acts of God, strikes,
lockouts, riots, acts of war, earthquakes, fire, and explosions.
Assignability:
This Agreement are personal to you as our Affiliate, and you may not assign or
otherwise transfer any of your rights or obligations to anyone else.
Waiver:
If we agree to waive any of, or any part of, this Agreement, then, that waiver
must be in writing to be effective. Any waiver by us of any of, or any part of,
this Agreement will not be considered a waiver of any subsequent breach of the
same or any other provision of this Agreement and failure, neglect or delay by
you or us to enforce this Agreement (or any of them) or any rights or remedies
at any time will not be deemed to be a waiver of the rights under this
Agreement.
Electronic
Signatures Effective
The Agreement may be delivered to you as an
electronic contract that sets out the legally binding terms of your
participation in the Econohome affiliate program. You indicate your acceptance
of this Agreement and all of the terms and conditions contained or referenced
in this Agreement by completing the Econohome application process. This action
creates an electronic signature that has the same legal force and effect as a
handwritten signature.
EconoHome Affiliate Program
Privacy Policy
This privacy policy describes how EconoHome collects, uses,
and shares personal data of customers referred to us by affiliates in our
affiliate marketing program. This privacy policy also helps you understand the
rights and choices that you have with respect to your personal information.
For broader information on
Econohome's data practices, please also review our main website privacy policy
located at https://econohome.net/policies/privacy-policy, which is incorporated by reference
into this affiliate privacy policy.
By joining our affiliate program in any manner, you
acknowledge that you accept the practices and policies outlined in this Privacy
Policy, and you hereby consent that we will collect, use, and share your
information in the following ways.
Changes to this Privacy Policy
We may occasionally update this privacy policy to clarify our
practices or comply with new legal requirements. We will notify affiliates of
any material changes by updating the policy on our website.
Information We Collect
We may collect personal data, including name, email address,
mailing address, phone number, payment information, items purchased, and
purchase value from customers who purchase on our website after clicking on an
affiliate's link or promotion. This information is used solely for affiliate
sales attribution and commission calculations.
We also collect affiliate website and account information
such as domain name, account username, contact information, and
commission/payment details to manage the relationship.
How We Use Data
The personal data we collect from affiliate-referred
customers is only used for:
i
Properly
crediting affiliate partners for generating qualified sales
ii
Calculating
affiliate commissions and payments
iii
Providing
affiliates with sale confirmation and insights into their program performance
iv
Customer
service matters like refund processing, dispute resolution, etc.
We will not sell or rent individual customer information to
any third party or use it for any other purpose without additional consent.
Affiliate website and account data are used to review and
approve applications, authenticate access, calculate commissions, and contact
partners regarding the program.
How We Share Data
We do not share your personal information with third parties
without your consent, except in the following circumstances:
i
Consent:
We may process your data if you have given us specific consent to use your
personal information for a specific purpose.
ii
Legitimate
Interests: We may process your data when it is reasonably necessary to achieve
our legitimate business interests.
iii
Performance
of a Contract: Where we have entered into a contract with you, we may process
your personal information to fulfill the terms of our contract.
iv
Legal
Obligations: We may disclose your information where we are legally required to
do so in order to comply with applicable law, governmental requests, a judicial
proceeding, court order, or legal process, such as in response to a court order
or a subpoena (including in response to public authorities to meet national
security or law enforcement requirements).
v
Vital
Interests: We may disclose your information where we believe it is necessary to
investigate, prevent, or take action regarding potential violations of our
policies, suspected fraud, situations involving potential threats to the safety
of any person and illegal activities, or as evidence in litigation in which we
are involved.
Your Rights
Customers referred by an EconoHome affiliate have the right
to request access to, correction of, or deletion of the personal data we have
collected. You can make these requests by emailing [email protected]. We will respond within 30 days.
You may opt out of data collection for affiliate attribution
purposes by contacting our customer support team during the checkout process.
Data Security
We take reasonable administrative, technical, and physical
safeguards to protect the security and confidentiality of any personal
information collected through our affiliate program. Our security controls
align with industry best practices.
We also expect affiliates to have adequate security controls
for any data they access. Affiliates must immediately notify us of any actual
or suspected breach involving customer data.
Children under the age of 13/Age restriction
Econohome's Services are not directed to and do not knowingly
collect personally identifiable information from children under the age of thirteen
(13). If it is determined that such information has been inadvertently
collected on anyone under the age of thirteen (13), we shall immediately take
the necessary steps to ensure that such information is deleted from our
system's database.
Links to other sites
Econohome does not claim nor accept responsibility for any
privacy policies, practices and/or procedures of other third-party sites or
resources. Therefore, we encourage all users and visitors to be aware when they
leave our website and to read the privacy statements of every website that
collects personally identifiable information. This Privacy Policy Agreement
applies only and solely to the information collected by our website.
Contact Us
If you have any questions about our affiliate program privacy
practices, please email [email protected].