Terms and Conditions (Agreement)

This Agreement contains the complete terms and conditions that apply to your participation as an Affiliate in HomeMediaPartners.com, herein referred to as (HMP™) Affiliate Program (“the Program”), and the establishment of links from your affiliate website to our website at www.homemediapartners.com including, but not limited to other Affiliate websites. By submitting your Affiliate Application you are confirming that you have read this Agreement and you agree to be bound by the terms and conditions contained in this Agreement.

Overview

This purpose of  HMP™ is to provide a secure legal remedy to cross-promote media from one Affiliate to another, to establish a mutual agreement allowing use of copyright works, including but not limited to; logos, photos, video, trademark names, etc., among all Affiliates. Example: Let’s say HomeCommercials.com would like to produce a video commercial for Central Plaza Manufacturing; both organizations are affiliates with HMP™.  Because they are affiliates, HOMEcommercials.com can produce and promote a Central Plaza Manufacturing commercial without any additional contracts or agreements, thus eliminating the need for lengthy contracts or attorney fees. Any organization who applies and is accepted as a member of HMP™ agrees to allow the use of their organizations identity throughout each Affiliates organization.  This provides protection and allows use of copy write material. An affiliate will always maintain the control to opt-out of any other Affiliate organization if they choose to do so, for any reason, at any time provided the request is submitted via the opt-out form.

Enrollment

To begin the enrollment process, you must submit a complete Affiliate Application through our website. HMP™ will evaluate your application and will notify you of your acceptance or rejection in a timely manner. HMP™ may reject your application if it determines that your site is unsuitable for the Program for any reason, including, but not limited to, inclusion of content that is in any way unlawful, threatening, obscene, harassing, or racially, ethically, or otherwise offensive. HMP™ also reserves the right to reject your application if (a) Your site is outdated or dormant; (b) Your site is not available online; (c) Your organization is less than 6 months old.

Promotional Materials

As an Affiliate Site, HMP™ will make available to you text links, articles, banners and other promotional materials, including an official “Home Media Partners Official Partner Logo” that you may display, as often and in as many areas on your site as you desire. The Links provided to you will serve to identify your site as a member of the Program and will establish a link from your site to ours. By using the Home Media Partner links, you agree that you will fully cooperate with us to establish and maintain such links. You agree to monitor these links frequently and immediately resolve any linking or HTML problems. You may not alter these links in any way. These links are subject to change at any time, in our sole discretion.

Your Responsibilities:Failure to comply with all or any of the following rules and regulations will result in the forfeiture of your membership and the immediate termination of your account. HMP™ reserves sole judgment in determining fraud.

• You are solely responsible for:
• Ensuring that your business activities and your website content meet our affiliate guidelines, as specified in this Agreement.
• Posting HMP™ logos including links and graphics on your website and checking them frequently to ensure they are in proper working order
• Ensuring that all materials posted on your website are not offensive or illegal
• Ensuring that your web site is search engine friendly with proper meta tags, description and copy
• Submitting to us a list of all additional websites where you plan to post HMP™ links for approval at board@homemediapartners.com.

 

Affiliate Guidelines: Affiliate represents, warrants and covenants that throughout the term of this Agreement, Affiliate will follow and comply state and federal laws and, in addition, each of the following Guidelines:

• E-mails promoting HMP™ advertisements may not contain or include a falsified subject line that attempts to disguise or conceal the content of the email; or misleading header, sender domain name or non-responsive IP address
• No e-mails promoting HMP™ advertisements may be sent for the purpose (but not necessarily the sole purpose) of harvesting the e-mail addresses in order to send future unsolicited e-mail
• Every e-mail promoting HMP™ advertisements must contain a valid functioning return electronic mail address or other Internet-based mechanism clearly displayed that a recipient may use to submit in a manner specified in the message a reply electronic mail message or other form of Internet-based communication requesting not to receive future e-mail messages from you. There must be a visible and actively functioning unsubscribe link for no less than thirty (30) days after the transmission of the original message in all e-mails;
• You shall distribute such e-mails only to those recipients who have expressly agreed directly with you, in advance, to receive such transmissions from you (i.e., “opted-in”). You shall maintain electronic or tangible records evidencing the agreement by such recipients to receive such transmissions from you.
• You shall process any and all opt-out requests within 1 business day, or less of the request and shall maintain electronic or tangible records evidencing the removal of such e-mails from your lists for verification by HMP™. After processing of the opt-out request, no additional marketing e-mails shall be sent to the e-mail address that relates to the opt-out request.
• HMP™ will provide you each advertisement (including all graphics and copy) prior to distribution and you shall not modify any advertisement message without the prior written consent of HMP™.
• Upon notice from HMP™ to you requesting that you terminate e-mail solicitations for one or more of the HMP™ advertisements, you must immediately stop sending any e-mail solicitations promoting such HMP™ advertisements.
• Affiliates cannot take part in, associate with, or otherwise become involved in any activity or operation that diminishes the image or reputation of HMP™.
• As an affiliate, you cannot offer incentives and/or compensation to consumers in exchange for sub-affiliations with HMP™. HMP™ does not allow sub-affiliations.

 

Terms

This Agreement shall run from the date HMP™ notifies you of your acceptance into the Program. The Agreement shall be for an initial period of 6 months, and will renew automatically for subsequent terms of 6 months unless terminated by either party by providing written notice to the other party within twenty-four (24) hours of the expiration of the Initial Term or within ten (10) days of the expiration of any Renewal Term. HMP™ may, however, cancel this agreement at any time for any reason.

HMP™ Policies

Any associate who links to HMP™, regardless of the point of origination (additional websites), will be deemed associates of HMP™ upon approval. Accordingly, all of our rules, policies, and operating procedures will apply to those associates. We may change our policies and operating procedures at any time.

Media Restrictions

You shall not create, publish, distribute, or permit any written, verbal, or electronic material that makes reference to HMP™ without first submitting such material to us and receiving our written consent.

Relationship of Parties

Both parties agree that we are independent contractors and nothing contained within this agreement will create any partnership or joint business venture, agency or franchise, sales representative, or employer / employee relationship. You shall not have any authority to make, accept, or solicit any offer or representation on behalf of HMP™. You shall not make any verbal, written, or electronic statement that may contradict this stated relationship of parties.

Limitation of Liability

HMP™ will not be liable to an affiliate or any other third party for any purposeful or accidental, direct or indirect, incidental or consequential damages, loss or reduction in profits or revenue, data, or relationship in relation to the promotion, operation, execution, performance of the HMP™ affiliate site. HMP™ disclaims all liability for all matters relating to you or your associations. You will indemnify and hold us harmless from all claims, suits, judgments, damages, expenses, etc. relating to your website or general business practices.

Disputes

In regards to all disputes arising with respect to this Agreement, the defaulting party shall pay all reasonable attorney’s fees and costs incurred by the other party in enforcing this Agreement. Upon mutual agreement by the parties, such disputes may be resolved by arbitration or mediation.

Confidentiality

You agree that all HMP™ information, pricing, agreements, correspondence, and any information you learn or have access to as an affiliate of HMP™ shall remain strictly confidential and secret and shall not be used, directly or indirectly, by you or any third party for your own business purposes or personal gain. Members shall not use this information to compete with HMP™, nor will you share this information with any competitor.

Indemnification

You agree to indemnify and hold harmless HMP™ and its directors, officers, employees, agents, shareholders, partners, members, and associations against any and all claims, suits, actions, demands, injuries, liabilities, losses or deficits, damages, judgments, settlements, costs, or expenses that are a direct or indirect result of any negligence, illegal or unethical activity, fraud, misconduct, misrepresentation, copyright, intellectual property, or trademark infringement by you, your partner, or any association. The terms of this provision shall survive termination of this agreement.

HMP™ DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES REGARDING THE HMP™ WEBSITE OR HMP™ SERVICES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE. HMP™ SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY REGARDING ANY ECONOMIC OR OTHER BENEFIT THAT COMPANY MIGHT OBTAIN THROUGH ITS PARTICIPATION IN THIS AGREEMENT.

ArbitrationHMP™ or it Parties may elect to resolve any controversy or claim arising out of or relating to these Terms or our sites by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Riverside County, California, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction in Riverside, California, necessary to protect the rights or the property of you or HMP™. (or its agents, suppliers, and subcontractors), pending the completion of arbitration.
 
MiscellaneousWe may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on our sites or delivering them to you through e-mail. You may update your e-mail address by visiting the Services where you have provided contact information. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you. You have the right to request that we provide such notices to you in paper format, and may do so by contacting or legal department at HMP™, legal@homemediapartners.com
 
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
 
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our sites or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

These Terms, including all terms, conditions, and policies that are incorporated into these terms by reference, constitute the entire agreement between you and HMP™ and govern your use of our sites, superseding any prior agreements that you may have with us.
 
These Terms shall be construed in accordance with the laws of the State of California, and the parties irrevocably consent to bring any action to enforce these Terms before an arbitration panel or before a court of competent jurisdiction in Riverside County, California if seeking interim or preliminary relief or enforcement of an arbitration award.
 
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, 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 Terms shall continue in effect.

This Agreement (a) contains the entire agreement between the Parties with respect to its subject matter and supersedes any prior or contemporaneous oral or written agreements regarding its subject matter, (b) may be amended only by a written instrument, and (c) shall be governed by California State Law, without regard to conflict of laws principles.

Updated: February 5, 2011