Affiliate Terms and Conditions
1. INTRODUCTION
As an authorized affiliate (Affiliate) of TV Sales & Home, you agree to abide by the terms and conditions contained in this Agreement (Agreement). Please read the entire Agreement carefully before registering and promoting TV Sales & Home as an Affiliate.
Your participation in the Program is solely to legally advertise our website to receive a commission on products purchased by individuals referred to TV Sales & Home by your own website, social media platforms, banner adverts or personal referrals.
By signing up for the TV Sales & Home Affiliate Program (Program), you indicate your acceptance of this Agreement and its terms and conditions.
2. APPROVAL OR REJECTION OF THE APPLICATION
We reserve the right to approve or reject ANY Affiliate Program Application at our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Affiliate Program Application.
3. COMMISSIONS
Commissions will be paid once a month. For an Affiliate to receive a commission, the referred account must remain active for a minimum of 31 days.
You cannot refer yourself, and you will not receive a commission on your own accounts.
Payments will only be sent for transactions that have been successfully completed. Transactions that result in chargebacks or refunds will not be paid out.
4. TERMINATION
Your affiliate application and status in the Program may be suspended or terminated for any of the following reasons:
Inappropriate advertisements (false claims, misleading hyperlinks, etc.).
Spamming (mass email, mass newsgroup posting, etc.).
Advertising on sites containing or promoting illegal activities.
Violation of intellectual property rights. TV Sales & Home reserves the right to require license agreements from those who employ trademarks of TV Sales & Home to protect our intellectual property rights.
Offering rebates, coupons, or other form of promised kickbacks from your affiliate commission as an incentive.
Self-referrals, fraudulent transactions, suspected Affiliate fraud.
In addition to the foregoing, TV Sales & Home reserves the right to terminate any Affiliate account at any time, for any violations of this Agreement or no reason.
5. AFFILIATE LINKS
You may use graphic and text links both on your website and within in your email messages. You may also advertise the TV Sales & Home site in online and offline classified ads, magazines, and newspapers.
You may use the graphics and text provided by us, or you may create your own as long as they are deemed appropriate according to the conditions and not in violation as outlined in the Termination section.
6. COUPON AND DEAL SITES
TV Sales & Home occasionally offers coupon to select affiliates and to our newsletter subscribers. If you’re not pre-approved / assigned a branded coupon, then you’re not allowed to promote the coupon. Below are the terms that apply for any affiliate who is considering the promotion of our products in relation to a deal or coupon:
Affiliates may not use misleading text on affiliate links, buttons or images to imply that anything besides currently authorized deals to the specific affiliate.
Affiliates may not bid on TV Sales & Home Coupons, TV Sales & Home Discounts or other phrases implying coupons are available.
Affiliates may not generate pop-ups, pop-unders, iframes, frames, or any other seen or unseen actions that set affiliate cookies unless the user has expressed a clear and explicit interest in activating a specific savings by clicking on a clearly marked link, button or image for that particular coupon or deal. Your link must send the visitor to the merchant site.
User must be able to see coupon/deal/savings information and details before an affiliate cookie is set (i.e. “click here to see coupons and open a window to merchant site” is NOT allowed).
Affiliate sites may not have “Click for (or to see) Deal/Coupon” or any variation, when there are no coupons or deals available, and the click opens the merchant site or sets a cookie. Affiliates with such text on the merchant landing page will be removed from the program immediately.
7. PAY PER CLICK (PPC) POLICY
PPC bidding is NOT allowed without prior written permission.
8. LIABILITY
TV Sales & Home 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 TV Sales & Home. 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.
9. TERM OF THE AGREEMENT
The term of this Agreement begins upon your acceptance in the Program and will end when your Affiliate account is terminated.
The terms and conditions of this agreement may be modified by us at any time. If any modification to the terms and conditions of this Agreement are unacceptable to you, your only choice is to terminate your Affiliate account. Your continuing participation in the Program will constitute your acceptance of any change.
10. ELECTRONIC SIGNATURES EFFECTIVE
The Agreement is an electronic contract that sets out the legally binding terms of your participation in the TV Sales & Home 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 TV Sales & Home application process. This action creates an electronic signature that has the same legal force and effect as a handwritten signature.
11. RESPONSIBILITIES AND COMMITMENTS
11.1 The Affiliate agrees and shall:
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- At all times proudly represent the Company’s products.
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- Carryout sales and marketing as an Affiliate Marketeer.
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- Carryout all work in a professional way without bias or prejudice to any parties involved.
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- Keep all information obtained in the market private and confidential.
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- Agrees not to accept cash or any form of payment from customers.
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- Make follow up on all shared referral links customers with the view of concluding sales and informing the TV Sales & Home of any challenges immediately they occur.
11.2 The Company shall:
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- Provide the Affiliate, sufficient training, sales material to enable the Affiliate to fulfil his duties in terms of this agreement.
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- Representatives of the Company and the Affiliate shall meet from time to time to agree on strategy and results.
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- Pay commissions to an Affiliate in terms of this agreement.
- Invite the leading Affiliate to attend an in-house seminar and awards ceremony at Head Office at the end of July.
- NATURE OF THE RELATIONSHIP BETWEEN THE PARTIES
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- No party shall have any right or power to bind the other party in any way or act on behalf of the other party in any way without the specific written consent of the other party.
- Without limiting the foregoing the parties undertake that they will not at any time during this term of this agreement or thereafter, purport to make any statement on behalf of the other, or by any action, statement or omission cause or permit the other party to be brought into disrepute.
- The Affiliate shall not, without the previous consent in writing of the Company, be concerned or interested in either directly or indirectly, any other business which is like or similar to that of the Company.
- The Affiliate shall not be entitled to transfer or assign any of its rights in terms of this agreement, without the prior consent in writing of the Company.
- The Affiliate shall, at all times in dealings with third parties, disclose that he is an Affiliate of, and representing the Company, in his capacity as an Accredited Affiliate.
- The Affiliate shall in no way have the authority to represent, bind or contract on behalf of the Company.
- This agreement shall not in any way be constructed as creating a partnership between the parties or as subjecting either party to any of the creditors of the other party.
- Nothing in this agreement should be interpreted as constituting either party as an employee of the other. For the avoidance of doubt, this agreement shall not be regarded as a quasi-partnership.
13. INDEMNIFICATION
Affiliate shall indemnify and hold harmless TV Sales & Home and its affiliate and subsidiary companies, officers, directors, employees, licensees, successors and assigns, including those licensed or authorized by TV Sales & Home to transmit and distribute materials, from any and all liabilities, damages, fines, judgments, claims, costs, losses, and expenses (including reasonable legal fees and costs) arising out of or related to any and all claims sustained in connection with this Agreement due to the negligence, misrepresentation, failure to disclose, or intentional misconduct of Affiliate.
14. CESSION AND ASSIGNMENT
No party shall be entitled to cede, assign or delegate any of its rights and/or obligations in terms arising from this agreement to any third party without the prior written consent of the other parties first being had and obtained.
15. SEVERABILITY
Every provision of this agreement (excluding only those provisions which are essential at law for a valid and binding agreement to be constituted) shall be deemed to be separate and severable from the remaining provisions of this agreement. If any of the provisions of this agreement is found by any court of competent jurisdiction to be valid and/or enforceable then, notwithstanding such validity and /or unenforceability, the remaining provisions of this agreement shall be and remain of full force and effect.
16. WHOLE AGREEMENT
This agreement constitutes the whole agreement between the parties as to the subject matter hereof and no agreements, representations or warranties between the parties regarding the subject matter hereof other than those set out herein are binding on the parties.
No addition to or variation, consensual cancellation or novation of this agreement and no waiver of any right arising from this agreement or its breach or termination shall be of any force or effect unless reduced to writing and signed by all parties or their duly authorized representatives.
