Happy Heart ‘Ready Made’ Websites affiliate programme terms and conditions
The purpose of the Happy Heart ‘Ready Made’ Websites affiliate programme is to reward affiliates for any new customers that they refer to Happy Heart Websites by properly promoting the service through legitimate methods.
By registering for this affiliate programme you agree to abide by the terms and conditions of this agreement.
This agreement contains the complete terms and conditions that apply to your participation as a member of Happy Heart Ready Made Websites Affiliate Programme. This agreement constitutes the entire agreement between Happy Heart Online Marketing (happy heart Websites also referred to as Happy Heart ‘Ready Made’ Websites) and affiliate and any pre-existing agreement or arrangement between Happy Heart Online Marketing and the affiliate shall be terminated upon completion of this agreement.
Your acceptance of these terms and conditions will be indicated on registration of this programme.
Happy Heart ‘Ready Made’ Websites Affiliate Programme Terms and Conditions
1. Definitions
“this agreement’ shall mean the contents of the contract between Happy Heart Ready Made Websites and the affiliate in respect of the programme.
Happy Heart Ready Made Websites shall mean Happy Heart Online Marketing whose registered office is 2 Adler Road, Cranberry Gardens, Congleton CW12 1GJ “the site” shall mean Happy Heart Ready Made Websites website.
2. The Programme
2.1 ) The programme shall be the affiliate programme as set out on the site from time to time.
2.2.) Happy Heart Ready Made Websites is entitled to vary, amend or cancel the programme without giving notice to the affiliate. Happy Heart Ready Made Websites enter may make any such change by publishing any revised terms on the site.
2.3) The programme is expressly a business-to-business relationship and both Happy Heart Ready Made Websites and the affiliate enter into it in a business capacity and not as a consumer.
2.4) The Programme does not entitle the affiliate to represent themselves as an agent, partner or any other form of associate og Happy Heart Online Marketing other than as an affiliate as expressly provided for in this agreement.
3. Suitability for the Happy Heart Websites Affiliate Program
3.1 ) Happy Heart Websites reserves the right to terminate this agreement and the affiliates status at any time for any reason at it’s sole discretion.
3.2) In particular if Happy Heart Websites deems that the affiliates website is inappropriate for the programme then this agreement shall be terminated.
3.3 Upon registering as an affiliate Happy Heart Websites reserves the right to withdraw affiliate status at anytime after you have been accepted on the programme for any reason as Happy Heart Websites deems relevant. Acceptance into the programme does not mean that Happy Heart Websites has specifically approved the affiliate its website.
4. Legitimate methods of advertising
4.1 ) In order to receive commissions for referring customers to Happy Heart Websites, the affiliate must engage in proper advertising. Affiliates found to be engaging in improper advertising shall have their agreement terminated and the affiliate status revoked. Happy Heart Online Marketing shall be the sole and absolute arbiter of what constitutes proper advertising.
4.2) A non-exhaustive list of examples of improper advertising shall include but not be limited to:
4.2.1) the forwarding of any urls direct to Happy Heart Websites and
4.2.2) advertising through third party networks except social networks that are held in your name or your business name.
4.2.3) Including Happy Hearts Website affiliate link in unsolicited commercial email (spam)
4.2.4) Include any Happy Heart Websites url in any search adverts
4.3) Any sales generated through improper advertising will not qualify for commission or credit from Happy Hert Online Marketing.
4.4.) Any affiliate found to be utilising improper methods of advertising may be required to pay back and such commission that has been paid by Happy Heart Online Marketing to them. If Happy Heart Online Marketing elects not to enforce this right it shall not be a waiver of any other rights that it may have under this agreement.
5. The Procedure
5.1) Subject to the terms of this section we will provide you with all links and any related banners, graphics or text advertisements necessary to promote and offer the Happy Heart Ready Made Website Service to your audience. The Happy Heart Websites link may contain any picture, text, logo and graphic that may be attributed with Happy Heart Websites.
5.2) Happy Heart Websites reserves the right to change the content and or display the link from time to time in our sole direction. The link will connect to our website where our referral may purchase Happy Heart Websites directly with us. The Happy Heart Websites link you use will serve to identify you as a member of our affiliate programme.
6. The Payment of Commission
6.1) Once a customer has arrived at our website having followed your link, their actions will be tracked for 120 days using a cookie. You will earn commission on their first order that is placed during that 120 day period. Happy Heart Websites will not be responsible for commissions missed due to the cookie being deleted or blocked or inj any other way failing to track the customer from the link.
6.2) Happy Heart Online Marketing is under no obligation whatsoever to pay any commission to any affiliate who does not strictly follow this agreement as published from time to time.
6.3) Happy Heart Online Marketing is under no obligation whatsoever to pay any commission to an affiliate who does not strictly follow this agreement as published from time to time.
6.4) Happy Heart Online Marketing reserves the right to take legal action against any affiliate that commits fraud, or conspiracy to defraud and to recover andy commissions paid to an affiliate which was earned as a result of such fraud. For the purposes of this agreement fraud shall include but not be limited to wittingly violating the terms of this agreement.
6.5) Commission payments will be made by paypal.
6.5.1) Affiliates will only be paid commissions fo the first order made by their referral customer only. Commissions will not be paid on order made by existing Happy Heart Website members. Happy Heart Online Marketing will not pay commission for products that an affiliate purchases for itself through the link. The Happy Heart Online Marketing system will simply not recognise this as an affiliate sale.
6.5.2) The rates of commission payable to the affiliate from time to time be published on the site and this shall be included in this agreement from schedule 1 to it. Schedule 1 may be amended or varied by Happy Heart Online Marketing at any time without reference to the affiliate, Any revised rates of commission payment shall take effect from the day that the amended schedule 1 is published on the site.
7. Happy Heart Online Marketing Obligations
Happy Heart Online Marketing agrees to undertake the following obligations:
7.1) provide all the information necessary to allow the affiliate to make necessary the link from the Happy Heart Websites to the affiliates site.
7.2) processing all orders for Happy Heart Websites products or services placed by a referral following the link.
7.3) tracking the number and amount of relevant sales generated through the link.
7.4) providing information to you regarding commission payments
7.5) credit card authorisations, payment processing, cancellations, returns and all other related customer service for Happy Heart Online Marketing
7.6) establishing the commission balance threshold, payment frequency and payouts earned commission as contained in section 6 of this agreement.
8. The Affiliate Obligations
The affiliate agrees to be solely responsible for the following and shall keep Happy Heart Online Marketing in respect of:
8.1) the content of the affiliates site or any site that they be connected to
8.2) any misrepresentation of Happy Heart Online Marketing or its products or services.
8.3) ensuring that your site and your products and services that you offer from your site comply with all applicable copyright, trademark and intellectual property right, data protection, anti-spam or any other applicable law.
8.4) obtaining permission to use another party’s copyrighted or any other material.
9. Right to name as a reference customer
9.1) Affiliates shall not create, publish distribute or permit any written or graphical material that makes reference to Happy Heart Websites other than those mentioned in this agreement or otherwise provided by Happy Heart Online Marketing without the written consent of Happy Heart Websites. Happy Heart Online Marketing reserves the right to refuse any request for consent under this agreement.
10. The License
10.1) Happy Heart Online Marketing grants the affiliate a non-exclusive, non transferable right to access Happy Hearts Simplero membership site to access the affiliate resources in terms with this agreement. This license shall be used solely in connection with the link and it will extend to the use of our logos and material relating to Happy Heart Websites and which Happy Heart Websites will shall provide to the affiliate for the sole purpose of establishing the link to Happy Heart Websites so customers can purchase a Happy Heart ‘Ready Made’ Website.
10.2) Affiliates cannot modify or change the link or any other materials provided by Happy Heart Websites in any way.
10.3) Other than establishing the link, the affiliate shall not make any use of the materials.
11. Terms of the agreement
11.1) The terms of this agreement will begin upon your sign up with the programme and will end when your affiliate account is terminated.
12. Modification
12.1 Happy Heart Websites reserves the right to modify or otherwise changes the terms of this agreement at any time as it sees fit. Happy Heart Online Marketing shall make such modifications by way of publishing revised terms on the site.
13. Limitation of Liability
13.1) Happy Heart Online Marketing shall not be liable to the affiliate or to any other person, lost profits, loss of goodwill, loss of savings or any other damages.
13.2) Happy Heart Online Marketing entitre liability in respect of any liabilityt arising under this