Affiliate Dashboard

This Affiliate Terms and Conditions Agreement (“Affiliate Agreement”) are entered into by and between AFFILIATE (“Affiliate”) and SANDRA FUNK LEVY, LLC D/B/A HOUSE OF FUNK (“Company”). 

1.  Description of Services.  The Affiliate shall market and promote the Company’s program, Interior Design Standard (the “Program”), as a comprehensive guide, including systems, tools and templates, for establishing, growing and maintaining an interior design business, to potential users of the Program in accordance with this Affiliate Agreement and earn Commission for Referred Users as defined herein.  Subject to the Affiliate’s compliance with the terms set forth herein, the Company hereby grants to the Affiliate a non-exclusive, non-transferable, non-assignable right to market and promote the Program to potential users.  The Affiliate shall limit its descriptions of the Program to the marketing information provided by the Company and shall not make any representations with respect to the Company or the Program that are inconsistent with the Company’s terms, marketing materials and/or other literature provided by the Company. The Affiliate is not authorized to enter into contracts or agreements on behalf of the Company or to otherwise create obligations of the Company to third parties.  

2.  Enrollment Process and Referred Users.  

2.1 Unique Affiliate Link.  The Company will provide the Affiliate a unique link through which a potential user referred by the Affiliate must enroll in the Program.  This unique link will be the only determining factor of the number of referred user enrollments upon which the Affiliate may be paid Commission (after the referred user completes the terms and conditions of enrollment as determined by the Company in its sole discretion). Affiliate referrals cannot be tracked without the use of the unique link.  For avoidance of doubt, a conversation about, intention, or promise to enroll in the Program by a user does not qualify as a Referred User for Commission purposes.  

2.2 Definition of Referred User.  Only after the potential user referred by the Affiliate enrolls in the Program using the Affiliate’s unique link and pays for the Program in full, without refund, reduction or credit, does the user become a referred user (“Referred User”) under this Affiliate Agreement for purposes of determining the payment of Commission to Affiliate.  Furthermore, the Affiliate will only be given credit for a Referred User upon confirmation that such potential customer is not an existing prospect or customer of the Company.  

2.3 No Monetary Bonuses.  Affiliates may be permitted to use “bonuses” to increase the use of their unique links by potential users.  Examples of permitted bonuses are the Affiliate’s offer of additional resources, one-on-one coaching by the Affiliate, and the like. For purposes of this Affiliate Agreement, bonuses may not, under any circumstances, include rebates, discounts, kickbacks or anything monetary whatsoever from the Affiliate to the Referred User. 

2.4 Enrollment Process.  The Company only offers enrollment in its Program during an open period, as described more fully on the Company’s website at various, set times during the year, in its sole discretion (each such period hereinafter “Open Enrollment Period”). There is an option for a potential Program user to reserve a place prior to Open Enrollment Period in the Program; however, a deposit is required at the time of registration and the remaining balance for the purchase of the Program must be remitted, in full, two days before Open Enrollment Period begins.  In any event, for avoidance of doubt, the calculation of the Affiliate’s Commission will only occur after the close of the applicable Open Enrollment Period. 

3.  Compensation. 

3.1 Commission  In consideration for the Affiliate providing the services described herein and subject to the terms and conditions set forth herein, an Affiliate will earn a commission in an amount equal to eight hundred dollars  ($800.00 ) of the Net Collected Program Enrollment Fee received by the Company for each Referred User.  For purposes of this Affiliate Agreement, “Net Collected Program Enrollment Fee” means the fees received by the Company from the Referred User for the Program minus chargebacks (and associated fees), credits and refunds provided to such Referred User. For avoidance of doubt, the “Net Collected Program Enrollment Fee” relates only to the fees received by the Company from the Referred User for the Program and shall not relate to any other revenue source and/or other products and/or services provided by the Company to the Referred User. 

3.2 Chargebacks, Credits and/or Refunds to a Referred User.  In the event of a chargeback (and any associated fees), credits and/or refunds provided to a Referred User, the Affiliate acknowledges and agrees that the Company may remove the Referred User from the Affiliate’s Commission payment or deduct the applicable portion of these amounts from the Affiliate’s subsequent Commission payments. In the event no further Commission payments are due to the Affiliate, then the Affiliate shall promptly refund the Company upon the Company’s request. Notwithstanding anything herein to the contrary, Commission shall be “earned” only if (a) the Affiliate follows the process described herein, (b) the Company receives full payment from such Referred User for its Program without chargeback, refund or deduction; and (c) the Affiliate is not in breach of this Agreement.  

3.3 Payment.  Commissions are paid by the Company to the Affiliate within sixty (60) days of the end of the Open Enrollment period in which the Commission is earned by the Affiliate.  The Affiliate shall be solely responsible for all taxes, costs and expenses related to the Affiliate’s provision of services as described herein.  It is expressly understood and agreed that while the Company has a no refund policy, if a Program User reaches out with a compelling reason, the Company may  grant full or partial refunds (illness, sudden life change, etc.) in its sole discretion. In the case of refunds for users that have used an Affiliate’s unique link, the Referred User will be removed from the Affiliate’s Commission payment.  If the refund happens prior to the Commission payment, the Commission will be removed from the Affiliate’s payout. If the refund happens after a Commission is paid, the refund debit will sit in the Affiliate’s Commission account and be applied to the next Open Enrollment period. 

4. Term and Termination.

4.1. Term.  The term of this Affiliate Agreement shall commence on the Effective Date and continue until terminated by either party in accordance with the terms and conditions of this Affiliate Agreement.  

4.2. Termination for Breach. If a party materially breaches this Affiliate Agreement (the “Defaulting Party”), and the Defaulting Party does not cure such breach within thirty (30) days after its receipt of written notice of the material breach, the non-defaulting party may terminate this Affiliate Agreement upon written notice to the Defaulting Party.  Termination of this Affiliate Agreement will be without prejudice to any other rights and remedies that the non-defaulting party may have under this Affiliate Agreement and/or at law and/or in equity.

4.3. Termination for Convenience.  Either party may terminate this Affiliate Agreement upon thirty (30) days prior written notice to the other party.

4.4. Effect of Termination.  Upon termination of this Agreement, the Affiliate will immediately (i) cease using the Company’s confidential or other intellectual property, (ii) return any and all confidential information, materials, and information to the Company, (iii) discontinue holding the Affiliate out as a marketer and promoter of the Program, and (iv) pay the Company any and all outstanding fees, charges and expenses incurred through the effective date of termination (such as any chargebacks).  The Company will pay the Affiliate a Commission earned for Referred Users through the effective date of termination in accordance with the terms and conditions set forth herein.

5. Indemnification.  The Affiliate hereby agrees to indemnify, defend and hold harmless the Company from and against any and all claims, actions, demands, liabilities, loses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees and costs of litigation) (collectively “Claim(s)”) arising out of or relating to (a) any negligent act and/or omission of the Affiliate relating to the Affiliate’s activities in connection with this Affiliate Agreement; (b) any misrepresentation by the Affiliate related to the Company, its Program and/or its other products and/or services(s); (c)  breach of this Affiliate Agreement; (d) the Affiliate’s gross negligence and/or willful acts and/or omissions; (e) any failure to comply with any applicable law, rule, regulation, order of any governmental (including any regulatory or quasi-regulatory) agency or contract; and/or (f) any determination by a federal, state or local government or administrative agency, or other regulatory or quasi-regulatory entity, or any court, that the Affiliate  acted as an employee of the Company in performing the services described herein (in which case the Affiliate also waives any and all claims that the Affiliate may have as a result of any such determination). The Affiliate will be solely liable for any claims, warranties and/or representations made by the Affiliate that differ from the warranties expressly provided by the Company.  The Affiliate will have the sole right to conduct the defense of any claim and/or action, and/or the negotiation of any settlement, in respect of a Claim; however, the Company may reasonably participate in such defense at its sole expense.

6.  Limitations of Liability.

6.1  No Indirect Damages. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR BUSINESS OPPORTUNITIES.

6.2 Limitation of Liability. IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, THE COMPANY IS DETERMINED TO HAVE ANY LIABILITY TO THE AFFILIATE OR ANY THIRD PARTY, THE PARTIES AGREE THAT THE COMPANY’S AGGREGATE LIABILITY WILL BE LIMITED TO THE TOTAL COMMISSION AMOUNT(S) THAT THE AFFILIATE HAS ACTUALLY EARNED IN THE TWELVE MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO A CLAIM.

7.  FTC Affiliate Disclosure Requirements and Compliance.  The Company values transparency in our marketing activities, which include affiliate marketing practices.  The Federal Trade Commission (“FTC”) has endorsement rules in place for affiliate marketing, which, among other things, requires the Affiliate to disclose its business relationship with the Company whenever the Affiliate promotes its unique Affiliate link.  When posting or sharing the unique link, the Affiliate must make it known to its readers, followers, listeners and the like that the Affiliate will receive compensation if they purchase the Program via your unique link. This declaration must be made clear and conspicuous by the Affiliate (and reiterated as often as needed).  In connection with the above, the Affiliate agrees to adhere to and follow the guidelines and requirements set for by the FTC in Section 5 of the Federal Trade Commission Act as a material term and condition of this Affiliate Agreement.     

8.  Governing Law.  The validity, interpretation, construction and performance of this Agreement, and all acts and transactions pursuant hereto and the rights and obligations of the parties hereto shall be governed, construed and interpreted in accordance with the laws of the State of Tennessee, without giving effect to principles of conflicts of law.