We value our relationship with our affiliates. We do our best to treat you with fairness and respect. We ask the same consideration from your end. The terms and conditions of our affiliate program were written with you in mind as well as to protect our website and company’s good name. Please bear with us as we take you through this legal formality.
Should you have any questions, please email us at teresa@handsonparentwhileearning.com.
AFFILIATE PROGRAM AGREEMENT
PLEASE READ THE ENTIRE AGREEMENT.
This agreement (the “Agreement”) is between YOU (the “Affiliate”) and Hands-OnParentwhileEarning.com (the “Owner”), and collectively the “Parties”, for participation in the Owner’s Affiliate Program (the “Affiliate Program”).
BY CHECKING THE BOX AND SUBMITTING THE ONLINE APPLICATION, YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.
In consideration of the terms and covenants of this agreement, and other valuable consideration, the Parties agree as follows:
RECITALS:
The name of this Affiliate Program is Hands-On Parent while Earning Affiliate Program (the “Affiliate Program”).
The Affiliate represents and warrants to the Owner that the Affiliate has read and understood the Privacy Policies and agree to the terms and conditions set forth therein.
For purposes of this Agreement, the term “the Affiliate” refers to the individual or legal entity who applies for and is accepted into the Affiliate Program. The term “the Owner” refers to the sponsor of the Affiliate Program. The term “the Owner’s Website” refers to the website that the Owner maintains at www.handsonparentwhileearning.com. The term “the Affiliate’s Website” refers to the website on which the Affiliate agrees to place a link to the Owner’s Website. The term “Merchandise” refers to all products offered by the Owner for sale through its website.
- OVERVIEW
This Agreement contains the complete terms and conditions that apply to you as an Affiliate of Hands-On Parent while Earning’s Affiliate Program. Please note that through this Agreement, “we,” “us,” and “our” refer to Hands-OnParentwhileEarning.com and “you,” “your” and “yours” refer to the Affiliate.
- AFFILIATE PROGRAM REGISTRATION
To register for the Affiliate Program, the Affiliate must complete and submit an online application to the Owner through the Owner’s website.
The Owner reserves the right to approve or reject any Affiliate Program application at its sole discretion. We may cancel your application if we determine that your site is unsuitable for our program, like if it:
- Shows and promotes sexually explicit materials;
- Promotes violence;
- Promotes discrimination based on race, gender, religion, nationality, age or disability;
- Promotes illegal activities;
- Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or intellectual property rights or to violate the law;
- Includes the name of the Owner, misspellings or variations of our Web site’s name or domain name;
- Is in any way threatening, harmful, unlawful, defamatory, obscene or harassing a person or group;
- Resembles our website or the design of any website you operate resembles our website, explicitly or implied, which leads customers to believe that you or your website is our website.
You will ensure that the information in your application and everything associated with your account is correct, accurate, complete and up-to-date. You will be deemed to have received all notifications, approvals and all other communications sent to the email address that you submit in your application, even if the email address used in your account is no longer current.
Once your Affiliate application is approved, you will receive an email notification from us informing you of your acceptance to the Affiliate Program. You can then create your own Username and Password and log in to the Affiliate Area to generate your unique referral ID or links to our products.
The maintenance and updating of your site is your sole responsibility as well as how you will promote the products included in the Hands-On Parent while Earning Affiliate Program. We may monitor your site as we feel necessary to make sure that it is compliant with our requirements and to notify you of any changes in our terms and conditions or policies.
This Agreement will start upon our acceptance of your Affiliate application and will continue unless terminated hereunder.
- HANDS-ONPARENTWHILEEARNING.COM RIGHTS AND OBLIGATIONS
We have the right to monitor your site to check if you are following the terms and conditions stipulated in this Agreement. We may notify you of any changes that you need to make on your site to ensure its compliance with our terms and conditions or to make sure that your links to our site are appropriate and working. If you do not make changes in your site after due notification from us, we have the right to terminate your participation in the Hands-On Parent while Earning Affiliate Program.
We reserve the right, at any time, to review your placement of links and approve the use of your links to our products or site, and require that you change the placement and use of these links to comply with our guidelines.
We reserve the right to terminate this Agreement and your participation in the Hands-On Parent while Earning Affiliate Program immediately and without notice to you should you commit fraud in the use of the Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected in any way, we will not be liable to you for any commissions for such fraudulent sales.
- PROMOTIONAL MATERIALS
Hands-OnParentwhileEarning.com shall make available to the Affiliate certain banner advertisements, text links, button links, and/or other graphic or textual material (collectively called the “Promotional Materials”) for display or use in the Affiliate’s website, email or social media posts. The Affiliate shall display the Promotional Materials on Affiliate’s website prominently and as Affiliate sees fit, provided that the manner of display is in accordance with the terms and conditions stipulated in this Agreement. The Affiliate shall also include a link from the Promotional Materials to the Owner’s website or product.
- The Affiliate cannot alter, add to, subtract from, or otherwise modify the Promotional Materials as they are prepared by the Owner. If the Affiliate wished to modify the Promotional Materials, the Affiliate must get a written consent first from the Owner for such alteration or modification. The modified Promotional Material should first be approved by the Owner before posting/publishing of the Affiliate in the Affiliate’s website.
- The Affiliate may only use the Promotional Materials for the purpose of promoting the Owner’s website, products and services available thereon, and for linking to the Owner’s website.
- The Affiliate may not use any graphic, textual or other materials to promote the Owner’s website, products or services other than the Promotional Materials provided by the Owner unless the Owner agrees to such other materials in writing prior to display.
- PROMOTION RESTRICTIONS
The Owner strictly prohibits SPAM campaigns. The Owner maintains Zero-Tolerance Policy against SPAM, be it direct, third party or any affiliate or similar agent acting on Affiliate’s behalf. As such, the Owner reserves the right to terminate any violating Affiliate’s account without notice or compensation.
Any Affiliate found to be involved in SPAM CAMPAIGN, including flooding groups or distributing messages to recipients who do not want the information will be met as follows:
- The Affiliate’s account will be closed immediately, without notice or compensation.
- Our Confidentiality Policy becomes forfeit, and all pertinent information will be provided to the investigating authorities or Anti-Spam organizations.
- The Affiliate will be held accountable for any monetary damages suffered by the Owner, sustained through the Affiliate’s violation of the Agreement terms and conditions. This will include but not limit to punitive damages related to lost clients and brand deterioration.
- COPYRIGHTS, TRADEMARKS AND LICENSES
The Affiliate is granted a non-exclusive, non-transferable, non-sublicensable, revocable right to access our website and Promotional Materials (the “Promotional Materials”) solely in accordance to the terms and conditions stipulated in this Agreement. You are only authorized to use the links, logos, trademarks and any material (collectively called as Promotional Materials) provided for you in the context of our Affiliate Program. In order to have the right to use these Promotional Materials, the Affiliate must be in good standing of the Hands-On Parent while Earning Affiliate Program. The Affiliate also agrees that all uses of the Promotional Materials will be on behalf of Hands-OnParentwhileEarning.com.
The Affiliate agrees not to use any of the Promotional Materials in any way that is disparaging, misleading, obscene or in any way portrays the Owner in a negative light.
The Owner retains all right, ownership and interest in the Promotional Materials, and in any copyright, trademark, or other intellectual property rights of the Promotional Materials. Nothing in this Agreement shall be construed to grant any rights, ownership or interest in the Promotional Materials, or in the underlying intellectual property, other than the rights to use the Promotional Materials as an Affiliate of Hands-OnParentwhileEarning.com.
- GRANT OF LICENSES
The Owner hereby grants to the Affiliate a non-exclusive, non-transferrable license (the “License”) to use the Promotional Materials as specified in the terms and conditions of this Agreement.
You are only authorized to use the licensed Promotional Materials to the extent that you are an Affiliate in good standing of Hands-On Parent while Earning Affiliate Program.
The term of the license shall expire upon the expiration or termination of this Agreement.
- COMPENSATION
Hands-OnParentwhileEarning.com uses a third party to handle tracking of sales through our Affiliates. However, we will ensure that records are accurate and up-to-date to help us determine how much are the commissions payable to our Affiliates. We handle the payment via bank deposits. Our preferred banks are Bank of the Philippine Islands (BPI) and Banco de Oro (BDO).
In exchange for the Affiliate’s display of our Promotional Materials (the “Promotional Materials”), and for the Affiliate’s compliance with the terms and conditions in this Agreement, the Owner shall pay to the Affiliate a single level commission (the “Commission”) in the form of a percentage of a product or service sold to a customer that accesses the Owner’s website through the link in the Affiliate’s website, email or social media posts. The current percentage posted is 20%. This percentage is subject to change by the Owner at any time. Notification of any changes in the percentage will be sent to the Affiliate through the email address provided at the time of registration.
The Affiliate shall receive email notifications every time a customer purchases via the Affiliate’s assigned unique link.
Commissions are held for a period of 2 months from any purchase to protect the Owner in the event of any refunds that may occur. We shall pay all Commissions accrued and payable to Affiliate every month. In the event that the total Commissions accrued for the month is less than P3,000, then such accrued and payable balance shall be held over for the following month and paid together with the Commission due for that month. In the event that the total and payable Commission is still below P3,000 but not below P1,000 after two or three consecutive months, the Owner shall pay the balance and payable Commissions due to the Affiliate on a quarterly basis. Payment shall be made via bank deposit. Affiliate shall provide the necessary details for the Owner to deposit payment to the Affiliate’s bank account. In case the Affiliate is unable to provide us with the required information or the provided information is not updated, or the Affiliate’s bank rejects the deposit, the Owner shall not be liable to the Affiliate. Payment shall be made once the Affiliate has provided the complete and updated information for the semester or year that the Commissions were earned.
If the Affiliate has not earned any Commissions within the past 12 months or the year from the time of registration, the Owner shall send an email to the Affiliate to confirm with the Affiliate if he/she is still interested to continue being part of the Affiliate Program.
In the event that the Affiliate breaches this Agreement and the Owner terminates this Agreement within 30 days of such breach, then any accrued or payable Commissions due to the Affiliate shall be forfeited, and we shall not be obligated to pay such Commissions to the Affiliate.
- TERMINATION
This Agreement may be terminated by us or you AT ANY TIME with or without cause by giving the other party written notice in the form of mail, email or fax. Moreover, this Agreement will terminate immediately upon breach of contract.
Even after the Affiliate has been accepted into the Affiliate Program, the Owner reserves the absolute right to rescind or terminate your Affiliate status for any reason in its sole and absolute discretion, including but not limited to the reasons cited above.
Upon termination of this Agreement, any and all licenses you have will automatically terminate. Thus, you are expected to update your site to reflect the necessary changes that come with the termination of this Agreement.
Also, all rights and obligations of the Parties will be extinguished upon termination.
We may withhold accrued unpaid commissions for a reasonable period of time after termination to ensure that the correct amount is paid (e.g. to account for any cancellations or returns).
No termination of this Agreement will relieve either party of any liability for any breach of, or liability accruing under, this Agreement prior to termination.
- MODIFICATION
We may modify any of the terms and conditions contained in this Agreement at any time and in our sole discretion by posting a change notice, revised agreement, or by sending notice of such modification to you by email to the email address then-currently associated with your Affiliate account (any such change by email will be effective on the date specified in such email and will in no event be less than two business days after the date the email is sent). Modifications may include, for example, changes to the Affiliate Program Payment Schedule, Affiliate Program Participation Guidelines, Terms and Conditions and payment procedures, and other related changes to the Affiliate Program. 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, REVISED AGREEMENT, OR THE DATE SPECIFIED IN ANY EMAIL TO YOU REGARDING SUCH MODIFICATION) WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF THE CHANGE.
- AFFILIATE REPRESENTATIONS AND WARRANTIES
You represent that:
- This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid and binding obligation, enforceable against you in accordance with its terms and conditions;
- You have the full right, power and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the consent or approval of any party;
- You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
- LIMITATION OF LIABILITY
THE OWNER HEREBY DISCLAIMS ANY AND ALL WARRANTIES AND LIABILITY RELATED TO ANY DOWNTIME OR FAILURE FOR USERS TO ACCESS ITS WEBSITE OR TO ACCESS ITS WEBSITE USING THE LINK FROM THE AFFILIATE’S WEBSITE. FURTHERMORE, THE OWNER SHALL NOT BE RESPONSIBLE FOR AND HEREBY DISCLAIMS ANY AND ALL WARRANTIES RELATED TO ITS WEBSITE, THE AFFILIATE PROGRAM, THE AFFILIATE’S ABILITY TO MAKE ANY COMMISSIONS OR OTHERWISE PROFIT THROUGH PARTICIPATION IN THIS AFFILIATE PROGRAM, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF FITNESS FOR ANY PARTICULAR PURPOSE OR MERCHANTABILITY, NON-INFRINGEMENT, OR ANY CLAIM MADE BASED UPON THE OWNER’S COURSE OF DEALING OR USAGE OF TRADE. THE OWNER DOES NOT REPRESENT OR WARRANT THAT ITS WEBSITE OR ANY APPLICATION, INCLUDED BUT NOT LIMITED TO ITS LINK TRACKING FEATURES, WILL BE ERROR-FREE OR THAT THEY WILL FUNCTION WITHOUT INTERRUPTION.
WE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING ANY LOSS OF REVENUE, PROFITS, GOODWILL, USE, OR DATA) ARISING IN CONNECTION WITH THIS AGREEMENT, THE PROGRAM, OPERATIONAL DOCUMENTATION, OR THE PRODUCTS AND SERVICES OFFERED, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING IN CONNECTION WITH THIS AGREEMENT, THE PROGRAM, OPERATIONAL DOCUMENTATION, OR THE PRODUCTS AND SERVICES OFFERED, WILL NOT EXCEED THE TOTAL COMMISSIONS PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE EVENT GIVING RISE TO THE MOST RECENT CLAIM OF LIABILITY OCCURRED.
- CONFIDENTIALITY
Any information that Affiliate is exposed to by virtue of its relationship with the Owner under this Agreement, which information is not available to the general public, shall be considered “Confidential Company Information.” Affiliate may not disclose any Confidential Company Information to any person or entity, except where compelled by law, unless Affiliate obtains prior written consent for such disclosure from the Owner.
- INDEMNIFICATION
You hereby agree to indemnify and hold harmless Hands-OnParentwhileEarning.com, and its subsidiaries and Affiliates, and their officers, employees, agents, partners, members and owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs and expenses (including reasonable attorney’s fees) insofar as such losses arise out of or are based on a) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or any proprietary right of any third party, b) any misrepresentation of any representation or warranty breach of a contract or agreement made by you herein, or c) any claim related to your site, including, without limitation, content therein not attributable to us.
- DISCLAIMERS
THE PROGRAM, THE HANDS-ON PARENT WHILE EARNING WEBSITE, ANY PRODUCTS AND SERVICES OFFERED ON OUR WEBSITE, ANY SPECIAL LINKS, LINK FORMATS, CONTENT, HANDS-ONPARENTWHILEEARNING.COM DOMAIN NAME, OUR AND OUR AFFILIATES’ TRADEMARKS AND LOGOS, AND ALL TECHNOLOGY, SOFTWARE, FUNCTIONS, MATERIALS, DATA, IMAGES, TEXT, AND OTHER INFORMATION AND CONTENT PROVIDED OR USED BY OR ON BEHALF OF US OR OUR AFFILIATES OR LICENSORS IN CONNECTION WITH THE PROGRAM (COLLECTIVELY THE “SERVICE OFFERINGS”) ARE PROVIDED “AS IS.” NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT TO THE SERVICE OFFERINGS. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, WE AND OUR AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SERVICE OFFERINGS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. WE MAY DISCONTINUE ANY SERVICE OFFERING, OR MAY CHANGE THE NATURE, FEATURES, FUNCTIONS, SCOPE, OR OPERATION OF ANY SERVICE OFFERING, AT ANY TIME AND FROM TIME TO TIME. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WARRANT THAT THE SERVICE OFFERINGS WILL CONTINUE TO BE PROVIDED, WILL FUNCTION AS DESCRIBED, CONSISTENTLY OR IN ANY PARTICULAR MANNER, OR WILL BE UNINTERRUPTED, ACCURATE, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR (A) ANY ERRORS, INACCURACIES, OR SERVICE INTERRUPTIONS, INCLUDING POWER OUTAGES OR SYSTEM FAILURES; OR (B) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF, OR DELETION, DESTRUCTION, DAMAGE, OR LOSS OF, YOUR SITE OR ANY DATA, IMAGES, TEXT, OR OTHER INFORMATION OR CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US OR FROM ANY OTHER PERSON OR ENTITY OR THROUGH THE PROGRAM, CONTENT, THE HANDS-ON PARENT WHILE EARNING WEBSITE, OR THE AFFILIATE PROGRAM WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. FURTHER, NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH ANY LOSS OF PROSPECTIVE PROFITS OR REVENUE, ANTICIPATED SALES, GOODWILL, OR OTHER BENEFITS, ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THIS AGREEMENT OR YOUR PARTICIPATION IN THE PROGRAM, OR ANY TERMINATION OF THIS AGREEMENT OR YOUR PARTICIPATION IN THE PROGRAM.
- MISCELLANEOUS
This Agreement represents the entire agreement between us and you and shall supersede all prior agreements and communications between the parties, oral or written.
The headings and titles used in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms and conditions of this Agreement.