AFFILIATE PROGRAM TERMS & CONDITIONS
Homestead House Paint Company Inc. is a corporation registered in Ontario under the Business
Corporations Act (Ontario), and has its head office in Toronto, Ontario (in this Agreement, “we”, “us”,
“Homestead”, etc). By submitting the online application to join our Affiliate Program, you are offering to
enter into a contract (the “Agreement”) with us as to the terms and conditions of our Affiliate Program
(the “Program”) set out in this document. Please read this Agreement carefully before agreeing.
2. AFFILIATE LINKS, COUPONS, & NETWORK
a. If you are accepted as a member of The Program, you will be granted access to a dashboard page
on the Platform that will allow you to manage your settings.
b. Your affiliate link will be automatically generated by the Platform, but you can also generate an affiliate link for a specific product or collection. If a person clicks on someone else’s referral link and then later they click on yours, yours is the one that counts.
c. You may be assigned to one coupon code with details and usage clarified on your dashboard. If a customer both clicks on your affiliate link and uses your coupon code, you will not receive a double commission. If you’re not assigned a branded coupon, then you’re not allowed to promote the coupon.
d. Customers must have cookies enabled in order for us to track referrals from your affiliate links or coupons. Tracking starts from the time a customer clicks on the affiliate’s link or use the coupon, and ends automatically after the time limit listed on our affiliate registration form is reached.
e. Homestead is not responsible for the failure to assign any sale or commission to you if the sale results from an improperly formatted affiliate link.
3. COMMISSIONS & PAYMENT
a. Refer any customer to make a purchase on our website, you will earn a commission based on the
commission structure available on the affiliate signup form linked to the affiliate page of our site.
b. To receive a commission, you need to specify the payment details under your dashboard Settings. The payment schedule is listed in the guide emailed to you in your confirmation email upon your acceptance into the Program.
c. Commissions will only be paid on transactions that have been successfully completed. Homestead has the unrestricted right to review every referral order.
d. The status of your current commissions earned will be displayed in the commission tab in your dashboard. Previously paid commission will be listed on Payment tab.
e. Calculation of your commission is based on the gross sales price but, does not include shipping and handling, taxes, gift wrap costs, late charges, collection costs, special service fees, import/ export duties or any other payment or disbursement incurred by Homestead that is not included in the purchase price of the product itself.
f. Commissions will only be paid on sales that are tracked through the Platform tracking software, meaning that you must use your affiliate link or coupon to get credit for the sale. There is no right to commissions if a customer later returns to the website not using the affiliate link, or makes future purchases from Homestead not using an affiliate link. Commissions are only tracked and paid when the user makes a purchase in the same visit using the affiliate link, or within the number of days listed for cookie tracking in our affiliate registration form, provided the customer does not clear their cookies.
g. Commissions will not be calculated or paid based on sales:
i. where the purchasers have fraudulently used a credit card;
ii. which are credited back to customers;
iii. which are collectable; or
iv. which are refunded to customers for returned goods.
h. Homestead will only pay out commissions if the customer purchasing has paid for their order in full. Only purchases made through Homestead’s web store at Fusion Milk Paint will be eligible for commissions
i. If you are found redirecting links to hide or manipulate their original source, your current and past commissions will be voided or your commission level will be set to 0%. This does not include using “out” redirects from the same domain where the affiliate link is placed.
4. YOUR RESPONSIBILITIES
a. At all times, you must clearly represent yourself and your web sites as independent from
b. The maintenance and the updating of your site will be your responsibility. We may monitor your site, as we feel necessary to make sure that it is up-to-date and to notify you of any changes that we feel should enhance your performance in the Program.
c. It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any person's copyrighted material, whether it be a writing, an image, or any other copyrightable work. We will not be 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.
d. You will comply with the terms and conditions of use for the Platform at all times.
5. MARKETING & PROMOTION METHODS
a. You are free to promote your own web sites, but naturally any promotion that mentions
Homestead could be perceived by the public or the press as a joint effort. You should know that
certain forms of advertising are always prohibited by Homestead.
b. You will comply with Canadian anti-spam laws in all of your acts related to the Program.
c. Also, you may post to newsgroups to promote Homestead so long as the news group specifically welcomes commercial messages. You will not use unsolicited commercial postings to noncommercial newsgroups or cross post to multiple newsgroups at once.
d. You will not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address.
e. If you, whether among other keywords or exclusively bid in your Pay-Per-Click campaigns on keywords such as Homestead, Homestead Inc., www.Homestead.ca, www.Homestead.com, and/ or any misspellings or similar alterations of these – be it separately or in combination with other keywords – and do not direct the traffic from such campaigns to your own website prior to redirecting it to ours, will be considered to be infringing on our trademarks. We reserve the right to expel any trademark violator from our Program without prior notice, and on the first occurrence of such bidding behaviour.
f. You will not transmit any so-called “interstitials,” “Parasiteware™,” “Parasitic Marketing,” “Shopping Assistance Applica5on,” “Toolbar Installa5ons and/or Add-ons,” “Shopping Wallets” or “deceptive popups and/or pop-unders” to consumers from the time the consumer clicks on a qualifying link until such time as the consumer has fully exited Homestead’s site (i.e., no page from our site or any Homestead’s content or branding is visible on the end-user’s screen).
g. You will not engage in cookie stuffing or include pop-ups, false or misleading links on your website. In addition, wherever possible, you will not attempt to mask the referring url information (i.e. the page from where the click is originating). Additionally, using redirects to bounce a click off of a domain from which the click did not originate in order to give the appearance that it came from that domain is prohibited.
h. You will not create or design your website or any other website that you operate in a manner which resembles our website, nor design your website in a manner which leads customers to believe you are Homestead or any of our affiliated businesses.
i. If you are enrolled in our Program and your website promotes coupon codes, you must adhere to our Coupon Guidelines as follows:
i. You may ONLY advertise coupon codes that are provided to you through the Program or network or that are displayed on our website(s).
ii. Posting any information about how to work around the requirements of a coupon/ promotion (i.e. first time customers only) will result in removal from the Program.
iii. Coupons must be displayed in their entirety with the full offer, valid expiration date and code.
iv. You may NOT use any technology that covers up the coupon code and generates the affiliate click by revealing the code(s).
v. You may NOT advertise coupon codes obtained from our non-affiliate advertising, customer e-mails, paid search, or any other campaign.
j. Promotion on social media platforms is permitted, provided that you will not post your affiliate links on our sites in an attempt to turn those links into affiliate sales.
a. For as long as you are a member in good standing of the Program, we grant to you a nonexclusive, 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.
b. You will use the Licensed Materials only on behalf of Homestead and solely for the purposes of promoting Homestead’s products and services as contemplated in this Agreement. The goodwill arising from your use of Licensed Materials will inure to the sole benefit of Homestead.
c. 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 to the Licensed Materials granted above, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.
7. OUR RESPONSIBILITIES
a. Homestead reserves the right, at any time, to review your placement and approve the use of
your links and require that you change the placement or use to comply with the guidelines
provided to you.
b. Homestead will be responsible for providing all after-sales care to customers including customer service, and billing inquiries. Pricing of our products is subject to change without notice. Homestead will not provide detailed customer information to Affiliates under any circumstances.
c. 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 further you of any changes that we feel should be made. If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participation in the Program.
8. REPRESENTATIONS AND WARRANTIES
You represent and warrant that:
a. 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;
b. If you are entering this Agreement on behalf of a corporation, that corporation is validly incorporated and exists in good standing under the laws of its jurisdiction of incorporation;
c. You have the full 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;
d. You meet the qualifications for participation in the Program.
e. You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
AFFILIATE PROGRAM TERMS & CONDITIONS HOMESTEAD MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING THE PLATFORM, ITS WEBSITE, SOCIAL MEDIA, WEB STORE, ANY THIRD-PARTY APPLICATIONS, OR THE PRODUCTS OR SERVICES PROVIDED BY HOMESTEAD. ANY WARRANTIES OF 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.
10. 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. IN NO EVENT WILL HOMESTEAD'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 COMMISSIONS PAYABLE BUT THEN UNPAID TO YOU UNDER THIS AGREEMENT.
You will indemnify and hold harmless Homestead, and its subsidiaries and affiliates, and its directors,
officers, employees, agents, shareholders, partners, members, and other owners, against any and all
claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses
including legal fees ("Losses") which arise from or are related to:
a. any claim that your activity infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party,
b. any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you in this Agreement; and
c. any claim related to your site that is not directly attributable to us.
a. The Parties agree that, during the term of this Agreement and for a period of two years after its
termination for any reason, they will at all times keep confidential the terms of this Agreement,
and other confidential or proprietary information, in any form, of the other Party.
b. The Parties’ obligation of confidentiality does not apply in the event that such information:
i. is in the public domain before disclosure by one Party to the other;
ii. becomes a part of the public domain after disclosure by one Party through no fault of the other; or
iii. is disclosed to a Party by a third party that is not under any obligation of confidentiality to that Party.
a. Either party may terminate this Agreement for convenience at any time by giving the other party
b. Homestead may terminate this Agreement immediately upon giving written notice if you breach any of its terms. If we terminate this Agreement as a result of:
i. a breach by you of Sections 4 or 5 of this Agreement or as a result of fraud or abuse of the Program or Platform, then you will forfeit any accrued but yet unpaid commissions.
c. If this Agreement is terminated for convenience by either party, any commissions owing at the date of termination will be paid in full according to the Platform’s normal payment terms. No other commissions will accrue from the date upon which notice of termination is given.
d. The terms of Sections 2(e), 4(c), 6(c), 8-12, 13(c) & (d), and 14-16 will survive termination of this Agreement.
a. Any notice to be given under this Agreement will be given in writing. Notice given during the
term of this Agreement will be given through the Platform. After any termination, notices will be
given to you at the email address associated with your Program account, and to us at
b. Notice will be effective one day after delivery through the Platform, or one day after leaving the servers of the sending party by email.
15. DISPUTE RESOLUTION
a. All disputes arising out of or in connection with this Agreement, or in respect of any legal
relationship associated with or derived from this Agreement, will be finally resolved by:
i. Good faith negotiation between the Parties, facilitated if necessary by a neutral third party mediator as agreed upon by the Parties, and;
ii. If the Parties are unable to negotiate a resolution through good faith negotiation, or if necessary, mediation, then the dispute will be referred to binding arbitration pursuant to the National Arbitration Rules of the ADR Ins5tute of Canada, Inc. [the Simplified Arbitration Rules of the ADR Ins5tute of Canada, Inc.] (the “ADR Rules”).
1. The place of the arbitration will be Toronto, Ontario.
2. The language of the arbitration will be English.
3. Arbitration will be conducted by a single arbitrator. If the Parties are unable to agree on an arbitrator, then the Parties will request an arbitrator to be in accordance with Rule 3.2 of the ADR Rules.
4. All filing fees will be paid for by the Party which files the notice of arbitration. The prevailing party also will recover from the non-prevailing party all of their costs of the arbitration including legal fees. Any issues regarding who is the prevailing party, and what is included as costs will be determined by the arbitration panel.
5. The award rendered by the arbitrator will be final, and not subject to appeal.
16. GENERAL TERMS
a. 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 Homestead. You will have no authority to act for or to bind Homestead in any
way and you will not hold yourself out to have such authority.
b. You may not assign your rights or obligations under this Agreement to any party without our consent.
c. This Agreement will be governed by and interpreted in accordance with the laws of the Province of Ontario without regard to the conflicts of laws and principles thereof.
d. You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
e. This Agreement represents the entire agreement between us and you, and will supersede all prior agreements and communications of the parties, oral or written.
f. The headings and titles contained in this Agreement are included for convenience only, and will not limit or otherwise affect the terms of this Agreement.
g. If any provision of this Agreement is held to be invalid or unenforceable, that provision will be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement will have full force and effect.
Personal Information Controller
Any personal information provided to or gathered by Secomapp under this Privacy Notice will be stored and controlled by Secomapp (the data controller).
Information collected from Merchants
When merchant uses the app, we are automatically able to access certain types of information from your Shopify account such as email, first name, last name, shop information (shop domain, shop currency, shop address …). We collect this information to provide you with our Services; for example, to confirm your identity, contact you, provide customer support when you contact us, provide you with advertising and marketing activities.
Information collected from Affiliates
When an Affiliate signs up to join a program, we collect some information to inform merchants such as email, personal information, payment details and social network information,...The information would help merchant evaluate affiliate background and potential, along with process specific activities within the app and contact affiliate if needed.
Information collected from Customers when visiting merchant website
In order to track referral order, when customers visit merchant website and make a purchase, Secomapp system will collect information of order such as total order, order items, order ID,....
“Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier.
Cookies are created when a user's browser loads a particular website. The website sends information to the browser which then creates a text file. Every time the user goes back to the same website, the browser retrieves and sends this file to the website's server.
For more information about cookies, including how to disable them, visit allaboutcookies.org.
We may also disclose your personal information to any third party with your prior consent.
Use of Secomapp app by Children
Secomapp is not intended for children. If you are under 13, you may use the affiliate marketing system only with the supervision of your parent or guardian.
Secomapp understands that you have rights over your personal information, and takes reasonable steps to allow you to access, correct, amend, delete, port, or limit the use of your personal information. If you are using the system and wish to exercise these right, please contact us through firstname.lastname@example.org. We may require that you provide us with acceptable verification of your identity before providing access to such information.
If you are an affiliate and wish to exercise these rights, please contact the merchant you interacted with directly — we serve as a processor on their behalf, and can only forward your request to them to allow them to respond.