- COMMENCEMENT AND TERMINATION.
This Agreement shall come into force upon your acceptance as an Affiliate and shall remain in effect until terminated. The Affiliate is entitled to terminate this Agreement with immediate effect at any time. The Affiliate must cease to use the service immediately upon the termination of this Agreement and delete all links to Linked Websites and, for the avoidance of doubt; the Affiliate shall not be entitled to receive any Commission on any Referrals made after the termination date.
HoopMama.com is entitled to terminate this Agreement and/or suspend the Affiliate from our Affiliate Program at any time, giving reasonable notice where possible.
The Merchant is entitled to terminate and/or suspend the Affiliate from their Program at any time, giving reasonable notice where possible. In the event of Affiliate fraud or suspected criminal activity the Merchant is entitled to terminate and/or suspend the Affiliate from their Program without any notice.
The Affiliate shall acquire no rights following the termination of this Agreement to use Intellectual Property Rights including domain names or any text, or images, banners or any other works.
2.1 Payment Models
HoopMama.com will make payments to all affiliates in the following ways on the below terms.
- a) Standard Model 10% affiliate commission.
10% of a qualifying sale before any relevant country tax or VAT.
Transactions over $100 may be held for an additional 7 days depending on your history with us and is at the discretion of the company
Minimum earning thresholds and method of payment for withdrawal are:
Payments are made on the 15th of each month for qualifying thresholds.
Affiliates are responsible for any relevant fees associated with their payment methods, such as PayPal fees and Bank fees.
Any payment below the threshold left dormant in an account for longer than 180 days will automatically be removed from the account.
Affiliates will receive payment for any action that is payable as set out by each individual Merchant. Affiliate sales may change dependent on customer refunds.
No compensation will be paid for any website downtime which has happened in error or due to any computer hack/virus. We will always notify you of planned down time if needed.
HoopMama.com will provide the Affiliate a reporting system showing sales and commissions. The Affiliate agrees to regularly check his reports to ensure that the commission shown is correct. HoopMama.com accept no responsibility for any errors or omissions and their consequential implications which are not notified to us in writing within a 4 week period. This four week period begins on the day that the sale/action which generates the commission took place. The exception to this is where the affiliate program operates on a batch reporting system and not in real time. Where that is the case, the four week period begins when the batch report which includes the day that the sale/action generating the commission took place is uploaded by HoopMama.com. While HoopMama.com will do everything we can to correct any errors or omissions which may occur, we will not be liable for any of these which are not brought to our attention within the 4 week period as detailed above.
In the event of any Affiliate fraud, all transactions in the Affiliates account will be reversed. In addition HoopMama.com or the Merchants affected may recover any payments made before fraud has been detected. We also reserve the right to take legal or criminal action against the companies and individuals involved.
In the event of suspected fraud, payment to an Affiliate’s account will be stopped and the Affiliate will be asked to provide additional information as to how they have been promoting the Merchants to ascertain where any rules or program terms may have been broken. Failure to comply will result in monies being withheld and the Affiliate’s account being terminated.
Any Affiliate outside of the United States to whom we pay regular or one off large sums of money may be asked to provide information in compliance with Money Laundering Regulations. Failure to comply will result in monies being withheld.
The Affiliate is responsible for the payment of all tax and national insurance payable on any payments made to him/her by Paid On Results.
The Affiliate shall keep HoopMama.com indemnified against any claims for damages or other claims for compensation arising from the contents of the Affiliate’s website or any incorrect information given to HoopMama.com by the Affiliate. The Affiliate shall also compensate HoopMama.com for any other damages or costs caused by the Affiliate’s improper, negligent or unauthorized use of HoopMama.com service and technical problems or loss of data caused by the Affiliate on HoopMama.com website or on any website to which the Affiliate is linked by HoopMama.com
- LIABILITY – SYSTEM FAILURE, VIRUSES, DAMAGES, DOWNTIME.
HoopMama.com shall not be liable to the Affiliate for defects in the service, interruptions in the accessibility to the service, infringements on data or loss of data on the information handling system, defects in the security system or viruses or other harmful software components, loss of profits, contracts, loss of reputation, loss caused by any third party deleting, removing, deactivating or tampering with the Affiliate Tracking Service or other indirect or consequential loss whether arising from negligence, breach of contract or whatsoever.
- LIABILITY LIMITS.
HOOPMAMA.COM TOTAL LIABILITY TO THE AFFILIATE INCLUDING IN CONTRACT AND TORT (INCLUDING THE TORT OF NEGLIGENCE) SHALL NOT EXCEED $1000 (ONE THOUSAND US DOLLARS).
HoopMama.com cannot guarantee or warrant the performance of HoopMama.com service or the links to any linked websites. HoopMama.com shall not be liable for any error in the implementation of the links on the Affiliate’s website or for the specified function of the links.
- LEGAL CONTENT AND APPROVAL.
The Affiliate is solely responsible for his/her website and all its contents and shall ensure that they conform at all times to all applicable laws and regulations. If the Affiliate is based outside of the United States then they must also undertake to ensure their website is compliant with the laws of the United States.
- ARTIFICIAL TRAFFIC.
The Affiliate must not in any way generate or contribute to generating Artificial Traffic to Linked Websites. The Affiliate should not use any means of artificial traffic to gain sales commission, this includes the use of software or products that alter fellow Affiliates link codes or intercept click through traffic from the affiliate to the merchant’s site. The Affiliate may not use links to Merchants via HoopMama.com in software programs without first submitting a full copy of the software for review by HoopMama.com – Technical Department. If a program is accepted to promote Merchants via HoopMama.com you must also notify HoopMama.com of any major changes to the way the program is used. Programs that may not be acceptable include any program that perform functions such as reporting back user activity, displaying adverts over or on sites that belong to us. If you are in any doubt please contact us so we may audit your program before you join HoopMama.com. Any Affiliates using programs to should be aware that they could be removed without notice.
- COPYRIGHT / INTELLECTUAL PROPERTY.
HoopMama.com owns all copyrights, trademarks, intellectual property rights, know-how or any other rights connected to the service or software necessary for the service. The Affiliate does not acquire any rights or licenses whatsoever under this Agreement other than to use links to Linked Websites on the terms of this Agreement.
- AFFILIATES INFORMATION E.G. EMAIL, PERFORMANCE STATISTICS.
The Affiliate consents to the publication of the Affiliate’s name and web address etc on the HoopMama.com website and to HoopMama.com sending newsletters etc to the Affiliate’s e-mail address and using the information given by the Affiliate for marketing purposes. The Affiliate confirms that in order to enable HoopMama.com to improve and/or to promote or market the service, HoopMama.com may produce statistics or summaries relating to the use of the service.
HoopMama.com may contact the Affiliate by email, telephone or post for feedback relating to the service including any ways in which it might be improved both for the network and for the individual Affiliate.
- LEGAL AGE.
The Affiliate confirms to HoopMama.com that the Affiliate is not a private individual less than 18 years of age. If you are under 18 years old and would like to become an affiliate, you must get a parent or guardian to sign-up on your behalf.
- APPLICABLE LAW.
HoopMama.com shall not be liable for the legality of HoopMama.com service in countries other than the United States Of America. The Affiliate is solely responsible for the legality of the use of the service if the Affiliate is registered to HoopMama.com service from a country other than the United States Of America or if the Affiliate’s website is on a server in a country other than the United States Of America.
This Agreement is subject to the laws of Texas and shall be subject to the non-exclusive jurisdiction of the Texas courts.
If any dispute arises out of this Agreement the Parties will attempt to settle it by a mediation procedure as the parties may agree in writing.