By becoming an affiliate with Home Care Sales LLC you agree to the following Terms of Service.
This agreement is by and between Home Care Sales LLC, and/or their assigns and all subscribers. Unless the context requires otherwise, Home Care Sales LLC, and/or their assigns shall be referred to as “us, we, or our” and you shall be referred to as “you, your or subscriber.”
You understand that Home Care Sales LLC, and/or their assigns does not guarantee or predict any type of profit or response from said services. Subscriber agrees to hold Home Care Sales LLC, harmless from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, joint or several, of whatever kind or nature which Home Care Sales LLC, and/or their assigns may become subject arising out of or relating in any way to the use of the services provided under this agreement, including, without limitation, in each case attorneys’ fees, costs and expenses actually incurred in defending against or enforcing any such losses, claims, expenses, suits, damages or liabilities.
A. Services to be Provided. We agree to pay you certain commissions as described on our website for referral sales made by customers.
B. Termination. We may terminate your account:
- if you violate our Terms Of Service Policy;
- promote Home Care Sales LLC, in a manner that is unethical or inappropriate; or
- for any reason, in our sole discretion.
C. No Warranties. WE MAKE NO WARRANTIES TO YOU OF ANY KIND, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICE HOME CARE SALES LLC, ITS SUBCONTRACTORS AND AFFILIATES PROVIDE YOU. WE EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OF THIS SERVICE FOR A PARTICULAR PURPOSE.
We shall not be liable for any damages suffered by you, whether indirect, special, incidental, exemplary, or consequential, including, by not limited to, loss of data or service interruptions, regardless of cause or fault. We are not responsible for your lost profits or for your loss of data or information.
D. TERMS. You agree: (1) to use our system in a manner that is ethical and in conformity with community standards; (2) to respect the privacy of other users (you shall not intentionally seek data or passwords belonging to other users, nor will you modify files or represent yourself as another user unless explicitly authorized to do so by that user); (3) to respect the legal protection provided by copyright law, trade secret law, or other laws protecting intellectual property and FTC regulations 4) to accept commercial emails from us.
If we learn of a violation or likely violation of our TERMS OF SERVICE, we will attempt to notify you. If you do not take immediate remedial action which is satisfactory to us, or in the event of a serious violation of the TERMS OF SERVICE, we reserve the right to terminate your account immediately and to withhold any commissions due, at our sole determination, to have been earned through actions that violate our TERMS OF SERVICE. Every effort will be made to inform you prior to account termination, and to re-establish your account upon receiving such representations from you as we deem appropriate in the circumstances.
YOUR SERVICE WILL BE TERMINATED IMMEDIATELY AND WITHOUT WARNING SHOULD YOU USE OUR SYSTEM AS PART OF ANY BULK EMAIL CAMPAIGN AND ANY COMMISSIONS EARNED WILL BE IMMEDIATELY FORFEIT.
You may also be subject to fines and legal actions as a result of your bulk email promotion. In addition, the technique known as “Twitter Spam” and any other form of spamming through social media will also be grounds for service termination at our sole discretion.
Proper disclosure per the FEDERAL TRADE COMMISSION, 16 CFR Part 255 — Guides Concerning the Use of Endorsements and Testimonials in Advertising is your sole responsibility and Home Care Sales LLC, will not be liable for your misuse of those guides in any way.
All affiliate commissions and prizes of any sort are taxable to the affiliate and will be reported via standard means to appropriate governmental bodies. A correctly executed tax reporting form must be received prior to any payment being made. Refusal to provide taxation information will result in non-payment of commissions, and if taxation information is not provided after 6 months, will result in forfeiture of commissions earned and account termination.
Marketing or advertising on Adult, Hate, or other related sites is not allowed.
You will be paid your commissions, at such time as your account balance is $500.00 or more.
All statistics are collected and calculated by Home Care Sales LLC, and will be the only valid stats used for determining commissions.
As an affiliate, you can only have one account. You can list multiple domains in one account, but only one account is allowed. Self-referrals for affiliate accounts is strictly prohibited.
Buying under your own affiliate account is prohibited and no commissions will be paid on those purchases.
Your physical address listed for receiving checks MUST be your actual address.
A link to a non-Home Care Sales LLC, owned Web site(s) does not mean that Home Care Sales LLC, endorses or accepts any responsibility for the content or the use of such Web site.
Any usage of negative, derogatory or inflammatory advertising, including negative pay per click ads, farticles and flogs is prohibited.
We reserve the right to remove affiliate accounts that are inactive or that do not generate significant levels of sales at our sole discretion.
Hit farms, counters, incentive websites, or guest books etc. are NOT allowed.
Any display of our websites that isn’t the result of a direct click by the end-user is NOT allowed.
Failure to abide by these rules could mean termination from the affiliate program with a complete forfeit of commissions.
Fraud is a serious offense, and will be treated as such. Fraud is defined as any action that intentionally attempts to create sales, leads, or click-throughs using robots, frames, iframes, scripts, or manually “refreshing” of pages, self-referrals, cash rebates, etc. for the sole purpose of creating commissions.
ANY ATTEMPTED FRAUD OR FRAUD WILL RESULT IN MEMBERSHIP TERMINATION AND VOIDED COMMISSIONS.
E. Assignment. This agreement is personal to you. You may not assign your rights under this agreement without our prior written consent. If you do assign your rights, as would be the case were someone other than you to use your account, you shall remain liable to us for any fees due under this agreement. We may assign this agreement at any time.
F. Change of Terms and Conditions. We reserve the right to change the terms and conditions of this agreement as needed. Use of our servers by you after said changes constitutes acceptance of those new terms and conditions. If you do not agree to the new terms and conditions, you may terminate this agreement in accordance with Section B.
G. Notification of Account Changes. You agree to provide us with such other information relating to your use of this service as we deem necessary or desirable including all taxation-related information. You agree to notify us if your address, email address, telephone number, billing information changes.
H. Notices. All notices, requests, demands, and other communications under this agreement shall be in writing and shall be deemed to have been given on the date of delivery: if delivered personally to the party to whom notice is to be given; if sent by electronic mail with a cc: to sender; if sent by fax; or on the third day after mailing by first class mail.
I. General Provisions. The subject headings of the articles and sections are for convenience only, and shall not affect the construction or interpretation of any of its provisions. If any portion of this agreement is found invalid or unenforceable, that portion shall be severed and the remainder of this agreement shall remain in force.
This agreement constitutes the entire agreement between us pertaining to its subject matter and supersedes all of our prior agreements, representations, and understandings. No waiver of any of the provisions of this agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. This agreement may be executed in one or more counterparts.
Each shall be deemed an original, but all of which together shall constitute one and the same instrument. If an organization is the subscriber, the individual signing up for our services represents that he or she is duly authorized to enter into this agreement on behalf of that organization. In the event of a dispute, the parties agree to submit the matter to the Community Dispute Resolution Service or any recognized Arbitration Board located within our state and county, before instituting litigation.