Affiliate Program Rules
PLEASE READ THE FOLLOWING CAREFULLY. YOUR PARTICIPATION IN THE MODERN FARMHOUSE AFFILIATE PROGRAM IS YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS DELINEATED IN THIS AGREEMENT.
1. Introduction. The Modern Farmhouse Affiliate Program Agreement contains the terms and conditions of The Modern Farmhouse Affiliate Program. Defined terms in this Agreement are as follows: (a) "we" or "us" or "our" shall mean The Modern Farmhouse; (b) "you" or "your" shall refer to the applicant for participation in the Affiliate Program, and, upon acceptance of your application, the Affiliate; (c) "our website" refers to TheModernFarmhouse.shop; (d) "your website" shall mean the website from which you link to our Website; (e) "Affiliate" refers to a member of our Affiliate Program; (f)"Affiliate Site" shall mean an Affiliate website that is an Affiliate of The Modern Farmhouse; (g)"User" shall mean a customer who links from your website to our website; (h) "Products" shall mean any merchandise for sale by us and does not include items offered for sale by third parties; (i) "Affiliate Site" shall mean an Affiliate website that is an Affiliate of The Modern Farmhouse; and (j) "Link" or "Links" shall refer to any advertisements, buttons, and all other links that are direct links to any page on TheModernFarmhouse.shop.
2. Program Enrollment. To participate in The Modern Farmhouse Affiliate Program, you must complete the The Modern Farmhouse Online Application and accept the terms and conditions of this Agreement. Upon completion of your application and acceptance of our Terms and Conditions, you will be notified by us shortly whether or not we have accepted you as an Affiliate.
a. Affiliates must be at least 18 years of age
b. Be a citizen and resident of the United States
c. Have a Social Security number or Tax Identification Number
d. Have a valid email address
3. Approval Guidelines. We reserve the right to reject any application that we find objectionable. If we temporarily reject your application, you may reapply to be an Affiliate at any time. If we permanently reject your application, you may not reapply to the program. We reserve the right to terminate an agreement with an Affiliate at any time.
4. Term of Agreement. The term of this Agreement begins upon our acceptance of your Online Application, and will end when terminated by either party. Either party may terminate this agreement at any time by giving the other party a written Notice of Termination.
a. If the Agreement is terminated for any other reason, you will receive either your commission or store credit(see below) on the 10th of the month following the termination of this agreement, provided that product orders are not canceled or returned. We reserve the right to withhold final payout to you to ensure that the product order is completed.
5. Commissions. The Commission shall equal a percentage of the net sales of products purchased by a User using the links between your website and our website. All commission payments will be made to Affiliates via PayPal. Commission payments to Affiliates are subject to PayPal or Venmo fees, which would be deducted from the Affiliate's commission by PayPal or Venmo
The current Commission fee schedule is as follows:
a. Affiliates in the The Modern Farmhouse Affiliate Program earning a 15 - 25% commission on all sales (minus the amount of any discounts applied to the purchase). Each month. we send you a commission payment via PayPal or Venmo on the 10th of month for the previous month's commissions earned if you have earned at least $25.00 in commissions.
b. Downline Commission – Downline Commission is paid out along with your personal commission on 10th of the month following the closing of the previous month to active The Modern Farmhouse Affiliates. Downline commission of up to 5% is paid on total invoiced product sales of those who have signed up directly under you as long as you have reached at least $50.00 in sales from your personal link each month.
c. To remain an active Modern Farmhouse Affiliate, you must have at least $50.00 in retail sales every Quarter (every 3 months). If you do not maintain an "Active" status, you will be removed from the Modern Farmhouse Affiliate Program and will lose your downline. If you become inactive, or wish to cancel your account prior to earning at least $25 in commissions, any commission earned will be converted over to the exact amount and issued in store credit. Store credit must be used within 1 year of date it is issued.
6. Commission rates are subject to change at any time without notice. To generate a Commission, a User must follow your Affiliate link to TheModernFarmhouse.shop, and purchase the product either online or by contacting one of our customer service representatives; accept the delivery of the Product at the shipping address; remit full payment to us; and not cancel the order. Under the following circumstances, You will not be eligible for a commission:
a. A User visits our website through your website, but makes a purchase through another Affiliate website or sales/media channel at a later date.
b. The User has prevented cookies from being saved on his/her computer.
c. The User does not provide The Modern Farmhouse with your Affiliate tracking number or Name.
d. A User cannot be tracked by our system for any reason.
e. A User visits our website through your website, but makes a purchase using a discount or reference code, unless that specific code has been assigned to you by the The Modern Farmhouse Affiliate Manager.
7. Coupon Usage
The Modern Farmhouse may issue coupons to content sites in a limited capacity. These will feature a unique registration code that will be exclusive to the site receiving the code, or a general code given to all Affiliates.
a. Exclusive coupons are for the Affiliate who they are issued to only.
b. Any coupon and/or any discount applied to a sale will be deducted from the Affiliate's sales commission.
8. Website/Social Media Requirements
a. When you are accepted as a Modern Farmhouse Affiliate, we will provide you with links that will allow users on your website and social media accounts to be linked directly to our website when using the appropriate link. No link may be changed in any way without our consent. By accepting the terms of this Agreement, you agree that you shall cooperate fully with The Modern Farmhouse to maintain links between your website and TheModernFarmhouse.shop. You shall be solely responsible for the content on your website or social media page, and will agree to hold harmless The Modern Farmhouse (including our employees, agents, directors, officers, and Affiliated entities) from any claims, expenses, or damages relating to all aspects of your website.
b. In accordance with our Terms and Conditions, You agree that You shall not place any link to The Modern Farmhouse without the intention of delivering valid sales, applications, clicks or other acceptable compensable actions. Any Affiliate using any such methods to place a cookie on a User’s computer will be immediately terminated from The Modern Farmhouse Affiliate Program and forfeits any outstanding commissions.
e. When creating your own website and/or social media account with the intend of marketing The Modern Farmhouse products, you MUST include the term The Modern Farmhouse Affiliate on the account.
f. If you become inactive, you MUST delete all accounts that refer to or use the trademarked name The Modern Farmhouse and or any of our product information and photos.
9. Affiliate Responsibilities. Affiliate will be solely responsible for the development and operation of your website and/or social media accounts, and for anything appearing on them. You will ensure that any materials on them do not violate or infringe on the rights of any third party, and that they are not in any way libelous or illegal. The Modern Farmhouse disclaims any responsibility should you use a third party’s proprietary materials without their express written permission. You will hold harmless The Modern Farmhouse from any claims, damages, expenses, or other liability relating to the contents of your website.
10. Order Processing. All orders will be handled by The Modern Farmhouse. We will process orders from any Users directed by you through your link, but we reserve the right to reject any orders that do not comply with our requirements. The Modern Farmhouse will be solely responsible for all aspects of order processing and fulfillment. The Modern Farmhouse will be responsible for tracking the number of Products sold to Users directed from your link to TheModernFarmhouse.shop. We will provide you with reports summarizing your sales activity through your back office. You are responsible for making certain that the links between your website/social media accounts and TheModernFarmhouse.shop are properly maintained. We reserve the right to change the prices of any or all of our Products at any time without notice. We cannot ensure that any Product will be available to the User, or that a stated price for a Product will be up-to-date.
11. Policies. All Users purchasing through the Affiliate Program will be customers of The Modern Farmhouse. All of our policies, rules, and procedures will therefore apply. We may, at any time and without notice, change our policies and procedures.
a. You hereby agree to display The Modern Farmhouse logo on your homepage or other promotional area on your website or social media accounts. We grant you a non-transferrable, revocable, non-exclusive, limited license to use our logo, the The Modern Farmhouse name, URL, and trademarks on your website.
b. You agree that this license is limited, and that The Modern Farmhouse maintains all title, ownership, interest, and rights in the Licensed Trademarks. Your use of such Trademarks must comply with our usage policies.
c. You will not take any action in violation of our ownership of the Licensed Trademarks. This includes, but is not limited to, applying for registration of our Trademarks—or any similar trademarks. You agree not to engage or become involved in any activity that diminishes the image or reputation of The Modern Farmhouse. Likewise, you will not use the Licensed Trademarks in any way that will tarnish our name.
d. We reserve all of our rights to the Licensed Trademarks and any other intellectual property. In the event of termination of this agreement, You obtain no rights in or to our Licensed Trademarks. You will not be a party to the distribution of any materials referring to Us without first submitting the material to us and receiving our written consent. We may revoke your license at any time.
e. This license terminates either upon the date of expiration or termination of this Agreement.
13. Non-Exclusive Limited License and Use of Affiliate Logos and Trademarks. You grant us a non-exclusive license to utilize your names, titles, logos, trademarks and URLs (collectively, the "Affiliate Trademarks") to promote, advertise, and market in your Web site.
a. You guarantee that you are the exclusive owner of the Affiliate Trademarks, and have the right to grant Us license to use them, and that such a grant does not conflict with any other agreements applicable to you or binding upon you. You further guarantee that the Agreement between You and Heart + Soul Collective does not infringe upon any trademark, service mark, copyright, or other proprietary right of any other person or entity.
b. Use of The Modern FarmhouseTrademarks on Third-Party Websites: Affiliate agrees not to bid on Licensed Trademarks or variations thereof, including (but not limited to) The Modern Farmhouse, TheModernFarmhouse.shop, our facebook group page and business page, etc. within all and any paid-inclusion, pay-for-placement and other search engines. Also, Affiliate may not claim to be The Modern Farmhouse in any such entities, and must clearly and openly state the nature of the Affiliate relationship. Affiliates violating this policy may be terminated with notice, and will therefore forfeit all outstanding or future commissions.
c. Ownership. Links and User data collected as a result of this Agreement are the property of The Modern Farmhouse, and we are the sole owners of all rights, titles, and interests in the Licensed Trademarks and User data.
14. Agreement Modification. The Modern Farmhouse may choose to modify any of the terms and conditions contained in this Agreement at any time by posting a change notice or new agreement on our site. Notice of any change to this Agreement delivered by e-mail, to your mailing address on our records, or by posting of a new agreement on our website is considered sufficient notice of any changes to the terms and conditions of this Agreement. Modifications include (but are not limited to) changes in Commission schedule, payment procedures and Affiliate Program rules. Any changes shall take effect 48 hours after we serve notice, unless we indicate otherwise. If a change in the Agreement is unacceptable to you, your sole recourse is to terminate the Agreement. Continued participation in the Affiliate Program following our posting of any changes will constitute acceptance of changes by You.
15. Relationship of Parties in this Agreement. Both You and The Modern Farmhouse shall be independent contractors, and nothing in this Agreement creates any sort of partnership, joint venture, or other relationship except as specifically outlined in the Agreement.
16. SPAM. Affiliate guarantees that he will not use unsolicited commercial email (SPAM) in any way. Participation in Our Affiliate Program includes your unconditional agreement to abide by our strict anti-SPAM policy. The use of SPAM will be cause for immediate termination of Agreement.
17. Email Terms and Conditions. Use of any lists compiled by means of automated tools are strictly prohibited. This includes all manners of scanning for email addresses, whether the scan was targeted or not. Purchase of lists is also forbidden. You must use valid email headers in all manners of correspondence. You must provide to the User the URL of the “opt-in” system used, and inform them that all emails from you can be stopped by visiting the opt-in site. When you are contacted by a User to be removed from your email list, you must do so within 96 hours, sending an email confirming their removal from the list. Violation of these Terms and Conditions will result in the termination of your Affiliate relationship with The Modern Farmhouse, and all commissions from the offending emails forward will be forfeited.
18. NON-COMPETE SOLICITATION
Throughout the duration of this agreement and for the period not to exceed 12 months following the culmination, completion or termination of this agreement, the affiliate shall not, in any manner solicit any other affiliate, customer, staff or employee for the benefit of himself/herself OR a third party that is or may be engaged in a similar business.
19. Liability. The Modern Farmhouse will have no liability of any kind from issues relating to any interruptions or errors on our website. We will have no liability for any kind of damages or lost revenue, data, or profits with respect to this agreement or the Affiliate Program. Under no circumstances will The Modern Farmhouse be held responsible for damages, even if We were advised of the possibility of such events. Our liability with respect to this Agreement shall, in no event, exceed the amount of Commissions payable by Us to You.
20. Warranty Disclaimers. We hereby disclaim, and You hereby release us from, any and all liability for any interruptions in service as they relate to the Links and our Website. All Links and Licensed Trademarks are provided to you without warranty of any kind. The Modern Farmhouse offers no warranty that our website or products will be without error, that it will function without interruption, or that any errors will be corrected. We make no warranty regarding the The Modern Farmhouse Affiliate Program, including and without limitation, any implied warranties of title, non-infringement, merchantability, or arising out of performance, dealing, or usage of trade. If, as a matter of law, we may not disclaim any warranty, the scope of that warranty will be the minimum permissible under the applicable law.
21. Indemnification. You agree to indemnify and hold harmless The Modern Farmhouse (including, but not limited to our officers, directors, agents, Affiliates, and employees) from any and all losses, liabilities, claims, damages, and expenses (including attorneys’ fees) of any nature insofar as those damages are a result of: any claim that our use of the Affiliate Trademarks infringes on the rights of any third party; the breach of any representation made by You in this Agreement; or any claim related to your website.
22. Affiliate Representations and Warranties. You hereby represent to us that this Agreement has been executed and approved by your authorized agents, and that this Agreement is validly executed and delivered by you, and constitutes your legal and binding obligation, and that the execution of all aspects of this Agreement are within your legal power and capacity. You further guarantee that this does not require the approval or consent of any other persons or entities, and does not violate any rules, regulations, laws, or judgments to which you are subject, and does not violate the terms of any other agreements to which you are bound.
23. Independent Investigation: You acknowledge that you have read this Agreement in full, and that you agree to its terms and conditions. You agree that we may, at any time and at our sole discretion, solicit customer referrals under terms that may differ from those delineated in this Agreement. We may also, at any time, create or operate websites that are competitive with your own website. Further, you are stating that you have independently investigated the value of participating in The Modern Farmhouse Affiliate Program and understand all terms and conditions as set forth in this Agreement.
Affiliate AGREES THAT THE VIEWS AND OPINIONS EXPRESSED BY Affiliate DO NOT NECESSARILY REFLECT THE VIEWS AND OPINIONS OF
TheModernFamhouse.SHOP. ALL MATERIALS, WEBSITES AND CONTENT CREATED BY Affiliate ARE THE Affiliate'S RESPONSIBILITY AND IS IN NO WAY ENDORSED BY TheModernFarmhouse.SHOP.
This Agreement shall be governed by the laws of the United States and of the State of Tennessee, as applied to Agreements made, entered into and performed entirely within the State of Tennessee, notwithstanding your actual state of residence or principal business location. Any action relating to this Agreement must be brought in Federal or State courts located in Cumberland County, Tennessee and You irrevocably consent to the jurisdiction of these courts.
You may not assign this agreement, by operation or law or otherwise, without our prior written consent. Subject to such restriction, this Agreement will be binding upon, be enforceable against and inure to the benefit of the parties and their successors and assigns. If any of the terms of this Agreement is found to be invalid or unenforceable for any reason, the remaining terms will continue without impairment or invalidation of any kind.
This Agreement constitutes the entire agreement between the parties regarding The Modern Farmhouse Affiliate Program, superseding any other agreements or understandings between us, and may only be changed, in writing and signed by Us.