PASSION TO PAID AFFILIATE PROGRAM AGREEMENT
This Passion to Paid Affiliate Program Agreement (this “Agreement”) is entered into between Lauren Nicole Hom d/b/a Hom Sweet Hom (“Hom”) and you, the Affiliate utilizing the passiontopaid.com website affiliate service (“You, “Your,” or “Affiliate”), collectively referred to as the “Parties”.
This Agreement sets forth the terms by which Affiliate may participate and become entitled to receive commissions from Hom as part of the Passion to Paid Affiliate Program (“Affiliate Program”) as a result of referred sales of Hom’s Products and Services to new customers to Passion to Pay products and services (“Customers”).
By registering and signing up for the Affiliate Program on passiontopaid.com, You agree to the following terms of the Affiliate Program.
1. Enrollment as an Affiliate. To become an Affiliate through the passiontopaid.com website, you must first submit your request in writing to Hom indicating your desire to become an Affiliate. Upon receipt of your written request, Hom, in her sole discretion, may accept or reject you for the Affiliate program in writing. Any rights granted to an Affiliate are non-exclusive.
2. Affiliate Defined/Terms of Participation. The Affiliate Program is a sales referral program that allows you to become an “Affiliate” of Hom to help sell Hom Products and Services on passiontopaid.com. To earn a commission, your client, customer, family or friend must use your unique affiliate referral code (“Affiliate Code”) when purchasing Hom Products and Services on passiontopaid.com. All commissions are limited to sales received with your Affiliate Code on the passiontopaid.com website. An Affiliate may only have one (1) account in the Affiliate Program. To participate in the Affiliate Program, you must be at least eighteen (18) years of age and a legal resident of the United States of America, unless otherwise agreed by Hom.
3. Compensation/Referral Fees/Commission. Affiliate acknowledges that Hom reserves the right, in its sole discretion, to change all compensation/referral fees/commission without prior notice. Any and all changes to the program shall be effective upon publication at passiontopaid.com.
3.1. Personal Affiliate Code. Upon acceptance into the Affiliate Program, Hom will provide the Affiliate with the Affiliate code for use in the Affiliate program. Affiliate agrees to not share the Affiliate Code with any third party. The Affiliate Code’s purpose is to identify the Affiliate as the referral for a sale.
3.2. Commissions. Current commissions shall be provided at the Affiliate Program website located at homsweethom.teachable.com/admin, and be amended from time to time in Hom’s sole discretion. Commissions do not include any deductions, chargebacks or finance charges.
3.3. Commission Requirements. In order to become entitled received Commissions through the Affiliate Program and for Commissions to be considered “earned” for purposes of the Affiliate Program, the following conditions must be fulfilled:
3.3.1. Customer must have inputted Affiliate’s Affiliate Code in the passiontopaid.com website at the time of the purchase of the applicable goods and services.
3.3.2. Hom must have actually received payment from the Customer.
3.3.3. The applicable refund term for the product or services purchased must have expired such that the Customer purchase has become non-refundable.
3.3.4. Affiliate has complied in all materials respects with all program guidelines and contractual obligations set forth in this Agreement.
3.3.5. Commission calculation will exclude any finance or bank charges the Customer is required to pay.
3.4. Compensation/Commission Schedule. Affiliate will become eligible to receive Commissions pursuant to this Agreement only after compliance with the conditions set forth in Section 3.2. Commissions will only be issued after the 30 day money back guarantee period (“Refund Period”) has expired. After the Refund Period, Commissions will be issued once per month no later than the last business day of each month and only including Commissions earned and unpaid up to the date Hom issues such commission. All payments will be paid the PayPal® account that Affiliate designates at the time of application.
3.5. Overpayment. In the event a Commission Payment is issued by Hom for a purchase that is later reversed, cancelled, or refunded, Hom may either: (1) deduct such overpayment from future Commission payments; or (2) issue a statement for the amount of overpayment for Affiliates immediate reimbursement.
4. Program Guidelines
4.1. Prohibited Conduct. Affiliate agrees not to engage in the following unauthorized conduct. In the event of violation of the requirements below, Hom reserves the right to terminate Affiliates participation in the Affiliate Program and suspend the Affiliate Code given to the Affiliate by Hom.
4.1.1. Unauthorized Use of Affiliate Code. As described above, Affiliate is prohibited from disclosing his/her Affiliate Code to third parties. Only authorized Affiliates determined by Hom may receive the Affiliate Code. Affiliate agrees that the Affiliate Code shall only be used by the Affiliate for personal use. Affiliate may not use Affiliate Code for resale and/or promotional incentives.
4.1.2. Unauthorized Promises/Incentives on Behalf of Hom. Affiliate is prohibited from making false representations with regards to Hom Affiliate Codes/policies/incentives.
4.1.3. Spamming. Affiliate is prohibited from posting his/her Personal Code on any of Hom websites to promote personal sales and commissions. All solicitation shall be done separate and apart from Hom. Affiliate represents and warrants that solicitations will be made according to Federal and State laws.
4.2. Acknowledgement & Acceptance of Hom Warranties & Policies. Affiliate accepts and acknowledges Hom’s Warranty Policies and all other policies enforced by Hom with regard to Hom’s Products and Services. All Warranty information and Policies can be found on Hom’s website. In addition, Affiliate shall make reasonable efforts to become knowledgeable of all Hom Policies such that does not make misrepresentations in regards to Hom products, services and procedures.
5. Rights and Interests in Trademarks and other related Intellectual Property. Affiliate acknowledges that the Trademarks “Hom,” “Hom Sweet Hom”, “Daily Dishonesty,” “Ex Boyfriend Tears” and “Will Letter for Lunch” and other related trademarks, copyrights, patents and intellectual property (the “Hom Property”) are the owned solely and exclusively by Hom. shall not seek or obtain any registration of the Hom Property in any name or participate directly or indirectly in such registration anywhere in the world.
6. Limited License. Hom grants a nonexclusive, revocable right to use certain image(s)/graphic(s) and text(s) provided by Hom in writing, solely for the purpose of identifying your site as an Hom Affiliate as described above. is prohibited from using such image(s)/graphic(s) and text(s) in an offline promotion or other offline manner. is also prohibited from modifying the image(s)/graphic(s), text(s), any other image(s), trade names, trademark, and all other intellectual property rights. Hom may revoke this license at any time by giving written notice of the revocation.
7. No Publicity. Affiliate may not issue any press release with respect to this Agreement or in participation in the Affiliate Program. Hom will provide with a small graphic image that identifies your site as an Affiliate Program participant. Hom reserves the right to modify any text or graphic provided to you. Affiliate agrees not to misrepresent or embellish the relationship between and Hom, or express or imply any relationship or affiliation between Hom and or any other person unless expressly permitted by this Agreement.
8. Independent Contractor. In this Agreement, Affiliate shall be considered an independent contractor. Therefore, nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the Parties. will have no authority to make or accept offers, promotions, advertisement or to make representations on behalf of Hom. As an Independent Contractor, is responsible and fully liable for any tax consequences derived from the receipt of a Commission under this Agreement and will indemnify and hold Hom harmless for any lack of compliance with tax obligations related to any commission that receives.
9. Affiliate’s Website; expenses. Affiliate will be solely responsible for the development, operation and maintenance of his/her website and for all materials that appear on your site. Affiliate shall be responsible for all expenses associated with Affiliate’s sales efforts.
10. Compliance with Laws. As a condition of Affiliate’s participation in the Affiliate Program, Affiliate agrees that as an affiliate, he/she will comply with all laws, ordinance, rules, regulations, orders, licenses, permits, judgments, decision or other requirements of any governmental authority that has jurisdiction over you, whether those laws are now in effect or later come into effect during the time you are participating in the Affiliate Program. Without limiting the foregoing obligation, Affiliate agrees that as a condition of participating in the Affiliate Program, Affiliate will comply with all applicable laws (federal, state or otherwise) that govern online marketing and email, including without limitation, the Children’s Online Privacy Protection Act (COPRA), the CAN-SPAM Act of 2003, and the Americans with Disabilities Act.
11. Termination. Either Party may terminate this Agreement for any reason at any time. In the event of termination, any compensation that is owed to will be mailed to you in accordance with the terms described in Section 3.2. Upon termination of this Agreement for any reason, Affiliate will immediately cease use of, and remove from Affiliate’s site, all links, graphics, texts, trademarks, trademarks, trade dress, logos, and all other materials provided by or on behalf of Hom in connection with this Agreement and participation of the Affiliate Program.
12. Representations and Warranties. Hom makes no warranties or representations to of any kind, express or implied, with respect to AFFILIATE’s relationship with Hom. Hom expressly disclaims any implied warranty of merchantability or fitness of this Affiliate Program for a particular purpose. Hom makes no representation that the operation of Hom’s passiontopaid.com website will be uninterrupted or error-free, and Hom will not be liable for the consequences of any interruptions or errors. Hom shall not be liable for any damages suffered by, whether direct or indirect, special, incidental, exemplary, or consequential, damages or any loss of revenue of profits regardless of cause or fault in connection with this Agreement and the Affiliate Program. If Hom is deemed to have any liability, our aggregate liability arising out of this Agreement and the Affiliate Program will not exceed the total commission paid to annually.
13. Indemnification. To the greatest extend permissible under applicable law, Affiliate agrees to indemnify and hold Hom, its affiliates, officers, directors and employees harmless from any claim, action, demand, loss, or damages (including attorneys’ fees) arising out of’s website, this Agreement and the Affiliate Program.
14. Amendment. Hom may amend the terms and conditions of this Agreement at any time. Any change will be posted on Hom’s website. Affiliate’s continued participation in the Affiliate Program will constitute binding acceptance of any change. If Affiliate does not agree with any changes implemented by Hom, Affiliate may terminate this Agreement in writing.
15. Assignment. This Agreement is personal to the Affiliate and Affiliate may not assign his/her rights under this Agreement without prior written consent from Hom. Hom may assign this Agreement at any time for any reason.
16. Notification of Account Changes. Affiliate agrees to provide Hom with accurate and updated information relating to Affiliate’s participation in the Affiliate Program and any information that Hom deems necessary or desirable. Affiliate agrees to notify Hom of any name, address, email address, telephone number, billing information etc. changes.
17. Notices. All notices given pursuant to this Agreement shall be in writing and may be delivered, to the parties at the physical address or email address provided to Hom by the Affiliate. The Affiliate shall give all notices to Hom via email: email@example.com.
18. Arbitration. Any dispute relating in any way to this Agreement (including actual or alleged breach hereof), any transactions or activities under this Agreement or Affiliate’s relationship with Hom shall be submitted to a confidential arbitration in Los Angeles, California, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of California or any other court of competent jurisdiction. consents to the non-exclusive jurisdiction and venue in state and federal courts in the State of California. Arbitration under this Agreement shall be conducted under the commercial rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
19. Governing Law. This Agreement shall be governed by the laws of the State of California.
20. Miscellaneous. If any dispute over the meaning, interpretation, valid or enforceability of this Agreement of any its terms or conditions, there shall be no inference, presumption or conclusion drawn whatsoever against any party by virtue of its having drafted any portion of this Agreement. The invalidity or unenforceability of any provision of the Agreement shall not affect the validity or enforceability of any other provision. This Agreement contains the entire understanding of the Parties, and there are no representations, warranties, promises or undertaking other than those contained herein. This Agreement supersedes and cancels all previous agreements between the Parties.