Agreement between “Affiliate Program user” and 247OpenHouse.us/DIYHomeSeller.us
Welcome to 247OpenHouse.us/DIYHomeSeller.us Affiliate Program.
The 247OpenHouse.us/DIYHomeSeller.us websites (the “Site”) are comprised of various web pages owned and operated by 247OpenHouse LLC (The Company).
The term of this Agreement is offered to you conditioned on your acceptance without modification of the terms of service and notices contained herein (the “Terms of Service”) and will begin upon our acceptance of your Affiliate Program application and will end when terminated by either party and/or as outlined in our “Termination/access restrictions” section below. Your use of the Site constitutes your agreement to all such Terms of Service. Please read these terms carefully, and keep a copy of them for your reference.
247OpenHouse LLC reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Affiliate Program, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Affiliate Program after any such changes shall constitute your consent to such changes.
Violation of any of the Terms of Service below will result in the termination of your Account and for forfeiture of any outstanding affiliate commission payments earned during the violation. You agree to use the Affiliate Program at your own risk.
Visiting Site or sending emails to 247OpenHouse LLC constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that the Company provides to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
- You must be 18 years or older to be part of the Affiliate Program.
- You must live in the United States or its territories to be part of the Affiliate Program.
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Your login may only be used by one person – a single login shared by multiple people is not permitted.
- You are responsible for maintaining the security of your account and password. 247OpenHouse LLC cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account.
- One person or legal entity may not maintain more than one account without written permission from the Company.
- You may not use the Affiliate Program for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- You may use Affiliate Program to earn money on your own 247OpenHouse LLC product accounts if you have been approved by the Company.
Customers who buy products through this Affiliate Program will be deemed to be our customers. Accordingly, all of our rules, policies (including the Company Privacy Policies
) and operating procedures concerning customer orders, customer service, refunds, and product sales will apply to those customers. We may change our rules, policies and operating procedures at any time. For example, the Company will determine the prices to be charged for products sold under this Affiliate Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. The Company will use commercially reasonable efforts to present accurate information, however the Company cannot guarantee the availability or price of any particular product. The Company will make a reasonable effort to notify you of any availability and/or price changes as described in the “Electronic Communications” above.
Identifying yourself as a 247OpenHouse LLC Affiliate
You may not issue any press release with respect to this Agreement or your participation in the Affiliate Program; such action may result in your termination from the Affiliate Program. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, say you develop our products, say you are part of 247OpenHouse LLC or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that the Company support, sponsor, endorse, or contribute money to any charity or other cause).
You may not purchase products through your affiliate links for your own use without our written permission. Such purchases may result (in our sole discretion) in the withholding of referral fees and/or the termination of this Agreement.
Relationship of Parties
You and the Company are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. 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 otherwise, that reasonably would contradict anything in this Section.
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:
– The technical operation of your site and all related equipment
– Ensuring the display of Specific Coupons or Special Links on your site does not violate any agreement between you and any third party (including without limitation any restrictions or requirements placed on you by a third party that hosts your site)
– The accuracy, truth, and appropriateness of materials posted on your site (including, among other things, all Product-related materials and any information you include within or associate with Specific Coupons or Special Links)
– Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
– Ensuring that materials posted on your site are not libelous or otherwise illegal
Links/graphics on your site, in your emails, or other communications
Once you have signed up for the Affiliate Program, you will be assigned a unique Affiliate Code. You are permitted to place links, banners, or other graphics the Company provides with your Affiliate Code on your site, in your emails, or in other communications. The Company will provide you with guidelines, link styles, and graphical artwork to use in linking to 247OpenHouse LLC. The Company may change the design of the artwork at any time without notice, but the Company will not change the dimensions of the images without proper notice.
To permit accurate tracking, reporting, and referral fee accrual, the Company will provide you with special link formats or specific coupon code(s) to be used in all links between your site and DIYHomeSeller.us. You must ensure that each of the links between your site and the DIYHomeSeller.us properly utilizes such special link formats. Links to the DIYHomeSeller.us placed on your site pursuant to this Agreement and which properly utilize such special link formats are referred to as “Special Links.” Specific coupon code(s) used to identify you as an affiliate user are referred to as “Specific Coupons.” You will earn referral fees only with respect to sales on a 247OpenHouse LLC product occurring directly through Special Links or Specific Coupons 247OpenHouse LLC provides you; the Company will not be liable to you with respect to any failure by you or someone you refer to use Special Links or incorrectly type your Specific Coupons, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement.
Affiliate links should point to the page of the product being promoted.
Referral fees/commissions and payment
For a Product sale to be eligible to earn a referral fee, the customer must provide a Specific Coupon at checkout or click-through a Special Link from your site, email, or other communications to https://diyhomeseller.us
and complete an order for a product during that session.
We will only pay commissions on a Specific Coupon or links that are automatically tracked and reported by our systems. We will not pay commissions if someone says they purchased or someone says they entered a Specific Coupon if it was not tracked by our system. We can only pay commissions on business generated through a Specific Coupon or properly formatted Special Links that were automatically tracked by our systems.
We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.
Payments only begin once you’ve earned more than $20
in affiliate income. If your affiliate account never crosses the $20
threshold, your commissions will not be realized or paid. We are only responsible for paying accounts that have crossed the $20
As long as your current Affiliate Program earnings are over $20
, you’ll be paid each month. If you haven’t earned $20
since your last payment, the Company will pay you the following month after you’ve crossed the threshold.
Compliance with Laws
As a condition to your participation in the Affiliate Program, you agree that while you are an Affiliate Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are an Affiliate Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Affiliate Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act
and all other anti-spam laws.
Limitations of Liability
The Company will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Affiliate Program, even if the Company has been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Affiliate Program will not exceed the total referral fees paid or payable to you under this Agreement.
247OpenHouse LLC reserves the right, in its sole discretion, to terminate your access to the Site and any related services including Affiliate Program or any portion thereof at any time, without notice. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. 247OpenHouse LLC reserves the right to refuse service to anyone for any reason at any time.
Upon termination of this Agreement for any reason, you will immediately cease use of and remove from your site all links to https://diyhomeseller.us
pages and all of our marks. trademarks, trade dress, logos, and all other materials provided by or on behalf of the Company to you pursuant hereto or in connection with the Affiliate Program. Upon program termination 247OpenHouse LLC will pay any outstanding legal earnings accrued above $20
as outlined in “Referral fees/commissions and payment.”
To the maximum extent permitted by law, this agreement is governed by the laws of the State of Kansas and you hereby consent to the exclusive jurisdiction and venue of courts in Kansas in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and 247OpenHouse LLC as a result of this agreement or use of the Site. 247OpenHouse LLC’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of 247OpenHouse LLC’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by 247OpenHouse LLC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and 247OpenHouse LLC with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and 247OpenHouse LLC with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
The Company make no express or implied warranties or representations with respect to the Affiliate Program or any products sold through the Affiliate Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, the Company makes no representation that the operation of 247OpenHouse LLC sites will be uninterrupted or error-free, and the Company will not be liable for the consequences of any interruptions or errors.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
This Agreement will be governed by the laws of The United States and the State of Kansas. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
The failure of 247OpenHouse LLC to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and 247OpenHouse LLC and govern your use of the Service, superceding any prior agreements between you and 247OpenHouse LLC (including, but not limited to, any prior versions of the Terms of Service).
Changes to Terms
247OpenHouse LLC reserves the right, in its sole discretion, to change the Terms under which 247OpenHouse.us is offered. The most current version of the Terms will supersede all previous versions. 247OpenHouse LLC encourages you to periodically review the Terms to stay informed of our updates.
247OpenHouse LLC welcomes your questions or comments regarding the Agreement/Terms:
PO Box 3524
Olathe, Kansas 66063