FOREWORD
Our affiliates are very important to us. We do our best to treat you with the fairness and respect you deserve. We simply ask the same consideration of you. We have written the following affiliate agreement with you in mind, as well as to protect our company’s good name. So please bear with us as we take you through this legal formality.
If you have any questions, please don’t hesitate to let us know. We are strong believers in straight-forward and honest communication. For quickest results please email us at kimberly @ Brookdalehouse.com. You can also reach us via phone: 1-281-639-3827.
Thanks for joining us,
Kimberly
AFFILIATE AGREEMENT
PLEASE READ THE BELOW AGREEMENT.
YOU MAY WANT TO PRINT THIS AGREEMENT FOR YOUR RECORDS.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND THE MERCHANT. (DBA BROOKDALEHOUSE.COM)
BY SUBMITTING AN ONLINE APPLICATION TO BE AN AFFILIATE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE THAT YOU ARE LEGALLY RESPONSIBLE FOR SAID TERMS AND CONDITIONS.
1. Overview
This Agreement contains a list of the terms and conditions that apply to you becoming an affiliate for Brookdalehouse.com’s Affiliate Program. The purpose of this affiliate Agreement is to allow HTML linking between your web site and the brookdalehouse.com web site. Please note that throughout this Agreement, “we,” “us,” and “our” refer to brookdalehouse.com, and “you,” “your,” and “yours” refer to you as the affiliate.
1.1 To be an affiliate you must live within the United States.
1.2 To be an affiliate you must have a PayPal account to receive payment.
1.3 To be an affiliate you must be over 18 years of age.
1.4 To be an affiliate you must be one person with one single account.
2. Affiliate Obligations
2.1. To begin the enrollment process, you will complete and submit the online affiliate application at Brookdalehouse.com. Your application may be auto approved, but will be subject to re-evaluation at a later time. At any time, we may reject or cancel your application at our sole discretion. If your site is involved with any of the following (but not limited to the following), we will cancel your application:
2.1.1. Promotes sexually explicit materials
2.1.2. Promotes violence
2.1.3. Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
2.1.4. Promotes illegal activities
2.1.5. Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law
2.1.6. Includes “Brookdalehouse” or variations or misspellings thereof in its domain name
2.1.7. Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion.
2.1.8. Contains software downloads that potentially enable diversions of commission from other affiliates in our program.
2.1.9. You may not create or design your website or any other website that you operate, explicitly or implied in a manner which resembles our website nor design your website in a manner which leads customers to believe you are Brookdalehouse.com or any other affiliated business.
2.2. As a member of Brookdalehouse.com’s Affiliate Program, you will have access to our Affiliate Dashboard. Here you will be able to review our affiliate Program’s details, download HTML code (that provides for links to web pages within the Brookdalehouse.com web site) and banner creatives, browse and obtain tracking codes for our coupons and deals. So that we may accurately track guest visits from your site to ours, you as the affiliate must use the HTML code that we provide for each banner, text link, or other affiliate link as provided to you..
2.3. It is fully your responsibility as the affiliate to follow all applicable intellectual property and other laws that pertain to to the operation of your site. You must have express permission to use any company or any individual person’s copyrighted material, whether it be a writing, an image, or any other copyrightable work formally copyrighted or not. Brookdale House, nor the owner, is in no way responsible (and you will be solely responsible) if you use another person’s copyrighted material or other intellectual property in violation of the law or any third party rights.
3.Brookdalehouse.com (Brookdale House) Rights and Obligations
3.1. We have the right to monitor your site at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to your site that we feel should be made, or to make sure that your links to our web site are appropriate and to notify you of any additional changes that we determine to be needed in the representation of our Brookdale House brand. If you do not make the necessary changes to your site, we reserve the right to terminate your participation in the Brookdalehouse.com Affiliate Program.
3.2. Brookdalehouse.com reserves the right to terminate this Agreement and your participation in the brookdalehouse.com Affiliate Program immediately and without notice to you should you commit fraud in your use of the Brookdalehouse.com Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected, brookdalehouse.com is not and shall not be liable to you for any commissions for such fraudulent sales.
3.3. This Agreement will begin upon our acceptance of your Affiliate application, and will continue unless terminated.
4. Termination
Either you or Brookdalehouse.com may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of mail, email or fax. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.
5. Modification
We may modify any of the terms and conditions in this Agreement at any time at our sole discretion.. Modifications may include, but are not limited to, changes in the payment procedures and Brookdalehouse.com’s Affiliate Program rules. If any modification is unacceptable to you, you may end this Agreement. Your continued participation in Brookdalehouse.com’s Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.
6. Payment
Brookdalehouse.com uses a third party to handle payments. The third party is the Paypal.com. Paypal.com is the only manner in which affiliates are paid.
Payouts will be made monthly for affiliates accounts over the minimum threshold of $10. When the affiliate balance reaches the minimum balance, the payout will be made the following month.
7. Access to Affiliate Account Interface
To be an affiliate, you will create a password so that you may enter Brookdale House’s secure affiliate dashboard.
8. Promotion Restrictions
8.1. You are free to promote your own web sites, but naturally any promotion that mentions Brookdalehouse.com may be perceived by the public or the press as a joint effort. You should know that certain forms of advertising are always prohibited by brookdalehouse.com. For example, advertising commonly referred to as “spamming” is unacceptable as related to our brand. Other generally prohibited forms of advertising include the use of unsolicited commercial email (UCE), postings to private social media groups and cross-posting to multiple social media platforms which do not allow affiliate promotions or platforms for which you have no permission to promote affiliate content is not permissible. In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address. You may use mailings to customers to promote brookdalehouse.com so long as the recipient is already a customer or subscriber of your services or web site, and recipients have the option to remove themselves from future mailings. Also, you may post to social media platforms to promote Brookdalehouse.com so long as the owner of the platform specifically welcomes commercial messages and commercial affiliate messages. At all times, you must clearly represent yourself and your web sites as independent from Brookdalehouse.com. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in the Brookdalehouse.com Affiliate Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.
9. Grant of Licenses
9.1. We grant to you a non-exclusive, non-transferable, revocable right to (i) access our site through HTML links solely in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the “Licensed Materials”) that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of Brookdalehouse.com’s Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of Brookdalehouse.com.
9.2. Each party agrees not to use the other’s proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.
10. Disclaimer
Brookdalehouse.COM MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING Brookdalehouse.COM SERVICE AND WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF BROOKDALEHOUSE.COM ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
11. Representations and Warranties
You represent and warrant that:
11.1. 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;
11.2. You have the legal 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 approval or consent of any other party;
11.3. You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
12. Limitations of Liability
WE WILL NOT BE LIABLE TO YOU 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 OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL BROOKDALEHOUSE.COM’S CUMULATIVE LIABILITY TO YOU 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 COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT. iN OTHER WORDS, BROOKDALEHOUSE.COM IS NOT LIABLE IN ANY MANNER WHATSOEVER FOR ANY LOSS OF ANY TYPE INCURRED BY YOU AS A PARTICIPATING BROOKDALEHOUSE AFFILIATE. THE ONLY FEES PAYABLE TO YOU BY BROOKDALE HOUSE ARE THOSE EARNED BY YOU AS AN AFFILIATE. BROOKDALEHOUSE.COM IS RELEASED FROM ANY SEEN OR UNFORESEEN LIABILITY CREATED BY YOUR PARTICIPATION AS AN AFFILIATE, EITHER DIRECTLY OR INDIRECTLY OR ACCIDENTALLY.
13. Indemnification
You hereby agree to indemnify and hold harmless Brookdalehouse.com, and its associates and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.
14. Confidentiality
All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked “Confidential,” will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.
15. Miscellaneous
15.1. You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Brookdalehouse.com. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on Your Site or any other of Your Site or otherwise, that reasonably would contradict anything in this Section.
15.2. Neither party may assign its rights or obligations under this Agreement to any third party.
15.3. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Texas without regard to the conflicts of laws and principles thereof.
15.4. You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
15.5. This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.
15.6. The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
15.7. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.