Affiliate Marketing Program Agreement
This Affiliate Marketing Program Agreement (the "Agreement") is entered into by and between Home Design Institute SASU ("Home Design Institute"), a provider of interior and exterior design courses available at https://homedesigninstitute.com/, and the participating affiliate ("Affiliate"), who agrees to promote Home Design Institute's courses in exchange for a commission, subject to the following terms and conditions:
1. Affiliate Agreement Acceptance
(a) By accepting these Affiliate Terms and Conditions ("Affiliate Terms"), You ("Affiliate", "You", "Your", or "Yours") acknowledge and agree that this is a legal agreement between You and Home Design Institute SASU ("Home Design Institute," "We," "Us," or "Our"). You also confirm that You have read and understand these Affiliate Terms in their entirety, and You agree to be legally responsible for each and every term and condition herein.
(b) Any version of these Affiliate Terms in a language other than English is provided for convenience. You understand and agree that the English language will control if there is any conflict between the translated versions and the English version.
2. Overview of the Affiliate Program
(a) These Affiliate Terms encompass the complete terms and conditions that apply to You when You participate as an affiliate in Home Design Institute's affiliate marketing program (the "Affiliate Program"). The primary purpose of these Affiliate Terms is to allow You to promote and refer customers to Home Design Institute's interior and exterior design courses available at https://homedesigninstitute.com/ ("Our Services") and earn affiliate commissions in accordance with the provisions herein.
3. Enrollment in the Affiliate Program
(a) Application Process. If You have not already done so, You are required to complete an application to enroll in the Affiliate Program ("Application"). During the Application process, You will be requested to provide information such as Your website URL, a description of Your planned promotion of Home Design Institute's Services on Your website, and certain contact information. The Application form can be accessed at [Affiliate Program Application URL].
(b) Approval of Your Application. Upon receipt of Your Application, Home Design Institute will evaluate and review the information provided. We reserve the right to accept or reject Your Application at Our sole discretion. If Your Application is accepted, You will receive an email notification confirming that Your Application has been approved. However, if any information provided in Your Application is found to be incorrect or incomplete, or if Your website promotes materials that are sexual, pornographic, violent, defamatory, discriminatory, or in violation of any applicable law or person's intellectual property rights, Your Application may be rejected.
(c) Access to the Affiliate Program. If Your Application is accepted, Home Design Institute will provide You with a welcome email containing Your login credentials to access Our secure affiliate center. Within the affiliate center, You will have the ability to download Promotional Materials, qualifying links, and access Your reports, which will outline the calculation of the affiliate commissions due to You. It is Your responsibility to maintain the security and confidentiality of Your login details.
(d) Maintaining Accurate Information. You agree to ensure that all information associated with Your affiliate account, including Your email address, remains complete, accurate, and up-to-date at all times. Home Design Institute may communicate with You via the email address associated with Your account, and You shall be deemed to have received all notifications, approvals, and other communications sent to that email address, even if the email address is no longer current.
4. As a member of Home Design Institute SASU's Affiliate Program, You represent, warrant, and covenant that You will:
(a) Link to Our Services: You will implement the links, banners, and other means of linking Your website to Home Design Institute SASU's Services (collectively, “Referral Links”) pursuant to the referral specifications set forth on the Affiliate Program on Rakuten Linkshare (“Referral Specifications”). On this page, You will be able to download certain technical materials, including links, HTML code, banner ads, copy, and other content, and any documentation for the foregoing (collectively, “Referral Materials”). When Our customers click through the Referral Links to purchase an item on the Home Design Institute SASU's website, you can receive commissions for qualifying individual marketplace transaction purchases as described in the Affiliate Commissions.
(b) Maintain Your Site: The maintenance and the updating of Your website will be Your responsibility. Home Design Institute SASU will notify you via email of any changes to these Terms and our Referral Materials. However, as a member of Our Affiliate Program and because Our information is updated often, it will be necessary for You to update the Referral Materials on Your website to maintain consistency and accuracy between Our Services and the Referral Specifications.
(d) Follow and Comply with All Copyright Laws: It is entirely Your responsibility to follow and comply with all applicable copyright and other laws that pertain to Your website. Home Design Institute SASU will not be responsible if You use another person's copyrighted material in violation of the law.
(e) Not to solicit Our Instructors: As a member of Home Design Institute SASU's Affiliate Program, You agree not to directly or indirectly, for Yourself or on behalf of another, solicit business away from, or solicit, induce, influence, or encourage any of Our Instructors to upload their Home Design Institute SASU Course(s) on Your websites and/or platforms, or otherwise alter, terminate, or breach their contractual or other business relationship with Us.
5. Affiliate Responsibilities
As a member of Home Design Institute SASU's Affiliate Program, You understand and agree that:
(a) We Can Monitor Your Site: You hereby give Us the right to monitor Your website at any time to determine if You are following these Affiliate Terms, and to notify You of any changes We feel You should make to remain in compliance. Further, You must comply with any requests we make for you to take down specific content from your website. Failure to comply is a violation of these Terms and grounds for termination of Your affiliate status.
(c) You will not promote Home Design Institute SASU through paid advertising or media buying that leads directly to the Home Design Institute SASU website (found at https://homedesigninstitute.com/). You will not bid on Home Design Institute SASU-branded keywords as an affiliate. This applies to all advertising platforms and to all affiliates unless direct approval from Home Design Institute SASU is granted.
(d) You will not use Our company name or variations of Our company name in your Domain Names or Social Media pages: You may not register or purchase domain names that include Our company’s name or any misspellings or variations of Our company name to run promotions as an affiliate. Additionally, you may not include Our Company name, variations of Our company name, or the look and feel of Our own social media pages on any social media pages (i.e. Facebook Fan Page) where You run promotions as an affiliate.
(e) You will be Responsible for Your Website’s Content: You may not promote Our content and Our Instructors’ courses on a website that contains any form of misleading, defamatory, obscene, illegal, bigoted, pornographic or any other content deemed offensive by Us.
(f) You will not promote using cookie-stuffing: You may not use cookie stuffing techniques or click-generators that set the tracking cookie without the user actually clicking on the Referral Link. You will not artificially generate clicks or impressions on your site or create visits on the Home Design Institute SASU site, whether by way of a robot or software program or otherwise.
(g) You will not mimic Our media and content: Publishers must make sure that his or her media does not copy or resemble the look and feel of the Home Design Institute SASU website or create the impression that Your media is part of Our company's website. You also understand that using the language found on Our pages verbatim is not allowed unless it is to describe the content found on any given course landing page.
(h) You will be Responsible for Your use of content found on Our site. You may create Your own promotional materials using pages from our site as reference. You may also use course images and part of the text in Our pages to promote the products accurately on Your site. However, You may NOT download, copy, or use video content (free or paid), course supplementary materials (PDFs, quizzes, or extra material), or lesson descriptions and upload them on Your own site(s). Violation of this provision may result in the immediate termination of Your affiliate account.
(i) You will not use spyware, malware, virus and the like: You may not include on your site, display, or otherwise use Referral Links or other Content that uses any spyware, malware, or virus, or any software application not expressly and knowingly authorized by users prior to being downloaded or installed on their computer or other electronic device.
(j) You will be open and honest about Your relationship to Us: You may not misrepresent or embellish the relationship between you and Home Design Institute SASU or imply any relationship or affiliation between you and Home Design Institute SASU or any other person or entity except as expressly permitted by this affiliate Agreement. You may not represent yourself as an agent or employee of Home Design Institute SASU or represent that you have the authority to bind Home Design Institute SASU to a contract.
(k) You cannot utilize a browser extension to promote Home Design Institute SASU or Home Design Institute SASU courses without direct approval from Home Design Institute SASU. All coupon codes available in the extension must be approved by Home Design Institute SASU. You also understand and agree that your browser extension cannot allow users to upload new coupons into the extension's feed.
(l) You will not earn commissions for free courses: Our site contains paid and free courses. Any customer You refer to Home Design Institute SASU that subsequently enrolls in a free course or uses a 'free promo code' to get a paid course for free will not be eligible to earn You a commission, and that particular sale will not appear on Your affiliate account. We will terminate the account of Affiliates who only promote free courses, or Affiliates who promote primarily free courses.
(m) You will be mindful of who You do business with: You may not use marketing practices that attract fake customers. We, in our sole discretion, will make the determination of whether someone is a fake customer.
6. Commission Percentage:
The Affiliate shall be eligible to earn a commission of 15% for each successful referral of a paying customer who enrolls in Home Design Institute's courses through the Affiliate's promotional efforts. This commission will be applicable to all orders placed by the referred customers during the first 12 months following their registration. The commission is charged under the terms and conditions described in this document.
(a) Home Design Institute agrees to issue payouts to the Affiliate in exchange for the promotional efforts and successful referrals as outlined in this Agreement. Payouts will be issued based on the commission structure specified in Section 4 of this Agreement.
(b) Payouts will be processed and issued up to 10 business days after the request of the Affiliate, following the end of each calendar month in which qualifying referrals have been made by the Affiliate. It is acknowledged that in most cases, Home Design Institute aims to expedite the payout process, and payouts are usually issued faster than the stipulated time frame.
(c) Payouts will be made via the payment method that the affiliate has specified in their account settings. Affiliates are responsible for providing accurate and up-to-date contact and payment information in their account settings to facilitate the smooth processing of payouts.
(d) The Affiliate acknowledges and understands that any taxes, fees, or charges associated with the transfer of payouts, including but not limited to bank fees or transaction taxes, shall be the sole responsibility of the recipient (Affiliate). Home Design Institute will not be held liable for any such deductions or charges.
(e) Home Design Institute reserves the right to withhold or delay payouts if there is any suspicion of fraud or abuse. Any such actions will be taken in accordance with applicable laws and regulations.
(f) The Affiliate is solely responsible for declaring any income received from the Affiliate Program to the appropriate tax authorities in their jurisdiction. This includes, but is not limited to, income tax, health insurance contributions, and any other applicable taxes as required by the laws of the country where the Affiliate is a tax resident. The Affiliate acknowledges and agrees to fulfill all tax obligations associated with their participation in the Affiliate Program.
8. Ethical Advertising:
The Affiliate hereby acknowledges and agrees not to engage in any spamming or other illegal or unethical forms of advertising, including methods that may annoy potential customers. The Affiliate shall promote Home Design Institute's courses in a manner that is respectful and complies with applicable laws and regulations.
9. Truthful Representation:
The Affiliate shall be obliged to provide accurate and truthful information about Home Design Institute's services when promoting them. The Affiliate shall not report false facts or misrepresent the services in any way.
10. Compliance with GDPR:
The Affiliate shall comply with the General Data Protection Regulation (GDPR) and all applicable data protection laws and regulations when collecting and processing customer data in the course of promoting Home Design Institute's courses.
11. Right to Refuse Payment:
Home Design Institute reserves the right to refuse payment of accrued commissions if the referred client or the Affiliate violates any of the conditions stated in this Agreement.
12. Termination or Waiver:
Home Design Institute retains the right, at its sole discretion, to terminate the Affiliate's participation in the program or waive any of the program's conditions, including the commission percentage.
13. Commissions on Changed Orders:
In the event that a customer's order is modified or changed after its initial placement, the Affiliate shall receive the agreed percentage of the final value of the order.
14. Commission Cancellation on Order Cancellation:
If a customer's order, referred by the Affiliate, is canceled, and the customer's payment is refunded, the Affiliate shall not be entitled to any commission for that order. This applies even if the commission has been approved or paid. In the case of commissions already paid to the Affiliate for an order that is later canceled and refunded to the customer, the Affiliate must return the commission to Home Design Institute within 30 days of being notified of the order cancellation and refund.
15. Independent Contractors:
The relationship between Home Design Institute and the Affiliate is that of independent contractors. Nothing in this Agreement shall create a partnership, joint venture, employment, agency, or fiduciary relationship between the parties.
16. Governing Law and Dispute Resolution:
(a) Home Design Institute makes no express or implied representations or warranties regarding the services offered through its website at https://homedesigninstitute.com/. Any implied warranties of merchantability, fitness for a particular purpose, accuracy, reliability, and non-infringement are expressly disclaimed and excluded to the fullest extent permitted by law.
(b) Home Design Institute does not guarantee or warrant that the operation of its website will be uninterrupted or error-free. While reasonable efforts are made to ensure the smooth functioning of the website, Home Design Institute will not be liable for any consequences arising from interruptions or errors in the operation of its website.
(c) The content provided on Home Design Institute's website, including but not limited to course materials, descriptions, and pricing, is subject to change without notice. Home Design Institute reserves the right to update, modify, or discontinue any course or service at any time without liability.
18. Limitations of Liability:
(a) Home Design Institute shall not be liable to the Affiliate 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, anticipated profits, or lost business.
(b) Furthermore, notwithstanding anything to the contrary contained in this Agreement, in no event shall Home Design Institute's cumulative liability to the Affiliate 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 referral fees paid to the Affiliate under this Agreement.
(c) The limitations of liability set forth in this section shall apply even if Home Design Institute has been advised of the possibility of such damages and regardless of whether any remedy fails of its essential purpose.
(d) The disclaimers and limitations of liability in this Agreement shall survive the termination or expiration of this Affiliate Marketing Program Agreement.
By accepting this Agreement, the Affiliate acknowledges and agrees to the limitations of liability and disclaimers set forth herein. The Affiliate understands that these provisions allocate the risks between the parties and form an essential basis of the bargain between the parties. The Affiliate further acknowledges that Home Design Institute would not enter into this Agreement without these limitations of liability and disclaimers.
19. Entire Agreement:
This Agreement constitutes the complete and exclusive agreement between Home Design Institute and the Affiliate concerning the Affiliate Marketing Program and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties.
By clicking on the "I Accept" checkbox, the Affiliate acknowledges that they have read, understood, and agreed to be legally responsible for each and every term and condition of this Affiliate Marketing Program Agreement.