Last update July 2020
Wham Bam You’re A Handyman Affiliate Program Terms of Service
By signing up to be an Affiliate in the Wham Bam You’re A Handyman Affiliate Program (“Program”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). Please read the entire Agreement carefully before signing up as an affiliate and promoting our products and services. Wham Bam You’re A Handyman 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 Program, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Program after any such changes shall constitute your consent to such changes. Violation of any of the terms 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.
- You must be 18 years or older to be part of this Program.
- You must live in the United States to be an Affiliate.
- 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. Wham Bam You’re A Handyman 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.
- You will be fully responsible for all costs and expenses of maintaining and marketing the Affiliate Program, including but not limited to all costs associated with the creations, hosting, modifications, and improvements to your website, costs of search engine placement and other internet marketing, costs of inserting the Owner’s links into its website, offline marketing costs, and all other costs and expenses, and you hereby hold the owner harmless from or against the same.
- One person or legal entity may not maintain more than one account.
- 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 not use the Affiliate Program to earn money on your own Wham Bam You’re A Handyman product accounts.
Affiliate Program Registration
To register for the Affiliate Program, you must complete and submit to us an Affiliate Program Application Form. The Affiliate Program Application Form is included on our website and can be completed and submitted through our website. The cookie period for your affiliate links is set to 30 days, which means if someone clicks on your affiliate link and purchases during this time period, you will still receive the affiliate commission.
Approval or rejection of affiliate program application
The Owner reserves the right to approve or reject ANY Affiliate Program Application in its sole and absolute discretion. You will have no legal recourse against the Owner for the rejection of the Affiliate Program Application.
Reasons for rejection
Without limiting the right to reject any application for any reason whatsoever in the Owner’s absolute discretion, your application will be rejected if it is not complete or if your website contains images or content that is not acceptable to Owner or is inconsistent with the image that the Owner wishes to create in association with its website, or if your website contains any illegal, immoral, repulsive, defamatory, derogatory, harassing, harmful, threatening, obscene, vulgar, pornographic, racial or ethnic objectionable materials, depicts sexual situations, promotes discrimination on the basis of race, sex, sexual preference, national origin, ethnicity, nationality, disability, religious preference, or if your site contains any material that appears to Owner to violate any patent, trademark, copyright, trade secret, confidential information, or other property rights of any other party.
The Owner strictly forbids the use of unsolicited commercial email (UCE) or SPAM campaigns. The Owner maintains a Zero-Tolerance policy against SPAM, be it direct, third party or any affiliate (You) or similar agent acting on your behalf. As such, the Owner reserves the right to terminate any violating affiliate account or any part thereof, without notice or compensation.
If you are found to be involved in a SPAM/UCE campaign, including flooding newsgroups, distributing messages that do not want the information or any other abuse contravening UCE legislation will be met as follows:
a. Your account will be closed immediately, without burden of notice or compensation.
b. A US $500.00 administration fee will be incurred against you
d. You will be held accountable for any monetary damages suffered by the Owner, sustained through contravention of this Affiliate Program Agreement. This will include, but not limit to punitive damages related to lost clients and brand deterioration.
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 we provide with your Affiliate Code on your site, in your emails, or in other communications. We will provide you with guidelines, link styles, and graphical artwork to use in linking to Wham Bam You’re A Handyman. We may change the design of the artwork at any time without notice, but we won’t change the dimensions of the images without proper notice. To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special link formats to be used in all links between your site and the Wham Bam You’re A Handyman. You must ensure that each of the links between your site and the Wham Bam You’re A Handyman properly utilizes such special link formats. Links to the Wham Bam You’re A Handyman placed on your site pursuant to this Agreement and which properly utilize such special link formats are referred to as “Special Links.”
You will earn referral fees only with respect to sales on a Wham Bam You’re A Handyman product occurring directly through Special Links; we 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 Affiliate Code, 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. These items may only be used in if they contain a hypertext link to the Owner’s website. This license shall immediately terminate upon the termination from the Affiliate Program. The Owner may also terminate this license upon notice to you in the event that your use of these items is contrary to or does not conform with its standards, such standards to be determined in its sole and absolute discretion. You agree that the Owner retains all right, title and interest in and to all such materials. The Owner will retain all goodwill and other value associated with any of these materials. You will not gain any trademark, copyright or other proprietary rights to such materials. You agree not to take any action that is contrary to or inconsistent with the Owner rights to these materials. You will not use these materials in any way that is damaging, defamatory, disparaging, derogatory, or negative to the Owner or that paints the Owner in a false or negative light. The Owner may revoke the limited license granted to you hereunder at any time. Upon termination or revocation, you will immediately cease from any use this material.
Referral fees/commissions and payment
For a Product sale to be eligible to earn a referral fee, the customer must click-through a Special Link from your site, email, or other communications to https://whambamyoureahandyman.com and complete an order for a product during that session. We will only pay commissions on 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 referral code if it was not tracked by our system. We can only pay commissions on business generated through properly formatted special links that were automatically tracked by our systems. The Owner reserves the right to change and amend the commission rate structure at any time, in the Owner’s sole discretion. Commissions will be calculated based upon the gross sales price, but not including any shipping and handling (if applicable), sales tax, special service fees such as gift wrapping or packaging, late charges, collection costs, imports/export duties, and any other payment made to the Owner that is not the purchase price for the product that is purchased. Commissions will not be calculated based upon amounts that are earned through fraudulent, illegal activity, credit card fraud, credits given to customers, bad debt right-off, returned goods or overly aggressive, questionable sales or marketing methods. The Owner reserve the right to deduct in subsequent months for any commission that the Owner paid that is for a product that is subsequently returned or refunded, or for any other reason if the previous monthly commission was overpaid or later subject to reduction.
You are not entitled to receive any commissions for your own purchases through your affiliate links. Your affiliate links should be used to promote our products and/or services to third parties. Commissions will be paid to you based upon a percentage of sales made to users who access the Owner’s site through your affiliate links for up to 30 days once referred from you. You will receive 30% of the revenue as a commission on sales made through your affiliate links.
The Owner will pay commission only upon collection by the Owner. You have no right to commissions until the applicable customer has paid the Owner in full. Only purchases that are made through the Owner’s online ordering process will count towards commission calculations.
Commissions will be paid to you on the 1st on a monthly basis, 30 days after the end of the month in which payments are made. Ex. If a sale occurs on July 10th, the affiliate will receive the payment on September 1st. This is due to the 30 day return policy. The Owner does not guarantee an exact date of calculation of commissions or payments. All payments will be made via PayPal to you as provided by you in your Affiliate Program Application. The Owner does not send payment if the total commission due to you is not at least $20. Amounts below $20 will accrue to your account and payment will be made for the month when your total commissions achieve the minimum $20. The Owner reserves the right to amend the minimum commission payment amount at any time. Our website cookies track affiliate link purchases for up to 30 days from when they were referred over. After 30 days cookie tracking expires.
No representations regarding income potential
The Owner makes no representations and warranties regarding potential income that may result from participation in this Affiliate Program and specifically disclaims any and all warranties relative to earning potential from your affiliate status.
Identifying yourself as a Wham Bam You’re A Handyman Affiliate
You may not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the 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 Wham Bam You’re A Handyman 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 we 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. Such purchases may result (in our sole discretion) in the withholding of referral fees and/or the termination of this Agreement.
As long as your current affiliate earning are over $20, you’ll be paid each month. If you haven’t earned $20 since your last payment, we’ll pay you the following month after you’ve crossed the threshold.
Customers who buy products through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that you have listed on your site, you should not display product prices on your site. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.
The Owner will be responsible for handling all customer inquiries, product orders, customer billing and collection, product shipment relative to customers that enter the Owner’s site through the links from your site. Pricing of the Owner products and services is totally within its discretion and the Owner reserves the right to change the pricing structure, terminate any special offers, discontinue products or services, or change the terms under which products or services are offered at any time, without any advanced notice to you or users accessing the Owner’s site. The Owner’s only responsibility to you in this regard is to track customer orders that occur through your affiliate links and make reports to you of the commissions due to you as a result thereof. All such reports shall be un-audited. The Owner will have no obligation to provide you with any specific information relative to any customer, regardless of whether they access the Owner’s site through your affiliate links.
The Owner is not responsible for the failure to assign any sale or commissions to you if the same results from the improper formatting of your affiliate links. You should assure at all times that your affiliate link is appropriately formatted and report any problems that you may have with the same to the Owner immediately.
In the event that any information is disclosed to you through your participation in the Wham Bam You’re A Handyman Affiliate Program related in any way to the company and business which the Owner deems to be confidential and proprietary, you agree to hold such information in the strictest of confidence and not to disclose such information to any other party or to use any such information for your own purposes. Confidential information will include any information regarding changes or modifications to this Agreement or this Affiliate Program (which the Owner shall have no obligation to make) or any special treatment that you may receive (which the Owner reserves the right to provide in its sole discretion to any affiliate). Confidential information shall also include any and all information related to the Owner’s business, business plans, marketing plans, user statistics, financial information, pricing, profits, membership information, affiliations, sales information, and all other information, which the Owner considers to be confidential and proprietary.
Compliance with Laws
As a condition to your participation in the Program, you agree that while you are a 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 a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.
Term of the Agreement and Program
The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination, by giving the other party written notice of termination in compliance with this Agreement. Notices sent hereunder shall be via Email to you at the Email address indicated in your Affiliate Program Application. Any and all notices to you via Email at such address shall be deemed to be effective notice to you for all purposes. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to https://whambamyoureahandyman.com, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. Wham Bam You’re A Handyman reserves the right to end the Program at any time. Upon program termination, Wham Bam You’re A Handyman will pay any outstanding earnings accrued above $20.
Wham Bam You’re A Handyman, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other Wham Bam You’re A Handyman service, for any reason at any time. 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. Wham Bam You’re A Handyman reserves the right to refuse service to anyone for any reason at any time.
If this Agreement is terminated for any other reason, you will have a right to receive its accrued commissions through the effective date of termination; provided, that if your total commissions due hereunder meet the minimum payment requirements set as part of this Agreement. The Owner has the right to withhold final commission payments for sufficient time in order to assure that the amount paid to you is accurate and not subject to later adjustment for returns or any other reason. If following final payment the Owner determines that the amount of commissions that you were paid was too high, as a result of subsequent returns or any other adjustment or reason, the differential shall be a debt from you to the Owner and the Owner shall have all legal right to receive a refund of such overpaid commission from you.
Relationship of Parties
You and we 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.
Limitations of Liability
We 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 Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement. The owner hereby disclaims any and all warranties and liability related to any downtime or failure for users to be able to access its website or to access its website using the link from the use website. Furthermore, the Owner shall not be responsible for and hereby disclaims any and all warranties related to its website, the affiliate program, your participation in the affiliate program, your ability to make any commissions or otherwise profit through participation in this affiliate program, including but not limited to any warranties of fitness for any particular purpose or merchantability, non-infringement, or any claim made based upon the owner’s course of dealing or usage of trade. The owner does not represent or warrant that its website or any application, including but not limited to its link tracking features, will be error-free or that they will function without interruption.
Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
We make no express or implied warranties or representations with respect to the Program or any products sold through the 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, we make no representation that the operation of the Wham Bam You’re A Handyman will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
The Owner cannot guarantee product availability or the term of any price or special promotion or offer.
The failure of Wham Bam You’re A Handyman 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 Wham Bam You’re A Handyman and govern your use of the Service, superceding any prior agreements between you and Wham Bam You’re A Handyman (including, but not limited to, any prior versions of the Terms of Service).
The Owner reserves the right in its sole and absolute discretion, to modify any terms and conditions of the Affiliate Program and the terms and conditions of this Agreement upon notice to you. Notice of any changes may be given via Email to you or by posting such changes in the Affiliate Program sections of the Owner’s website. Such changes and modifications will take effect upon transmission of Email or posting on the Owner’s website. You should check for updates to this Agreement periodically. You may terminate participation in the Affiliate Program in the event that any of these modifications are unacceptable to you and such termination shall be your sole and exclusive remedy. In the event that you continue to participate in the Affiliate Program following such modifications, your continued participation shall be deemed as an acceptance of any and all such changes.
You hereby indemnify and holds the Owner, and all of the Owner stockholders, officers, directors, employees, contractors, affiliates, agents, successors and assigns harmless from and against any and all claims, liabilities, damages, actions, causes of action, suits, threats, demands, settlements, including all costs and attorney fees related thereto, that the Owner may incur and which are based in whole or in part upon your participation in the Affiliate Program, any claims that any of the your trademarks and other proprietary material infringe upon the rights of any other party, your breach of any term, covenants, condition, representation or warranty contained in this Agreement or any policies of participation in the Affiliate Program, or any claim related directly or indirectly to your use, operation or the content of your website.
This Agreement shall be interpreted under the laws of the state of Mesa, Arizona of the United States of America. Any and all legal actions relative hereto shall be in the courts of Arizona of USA.
Relationship of the parties
The parties hereto are independent contractors and nothing contained herein shall be interpreted as creating any relationship other than that of independent contracting parties. The parties shall not be construed as being partners, joint venturers, shareholders, employer/employee, agent/servant. You have no power or authority to bind the Owner to any obligation, agreement, debt or liability. You shall not hold itself out as an agent or representative of the Owner. Owner shall not withhold any sums from you for social security or other federal, state or local tax liabilities or contributions and all such withholdings, liabilities, and contributions shall be solely your responsibility. You are responsible for tracking your affiliate income for tax purposes and reporting it on your tax return.
Legal compliance and disclosures
You must give proper legal disclosures under the Federal Trade Commission (FTC) clearly disclosing your connection with the Owner for the products and services you promote. Your statements and publications shall always reflect your honest and truthful opinions and experiences. You are required to give mandatory FTC disclosures with all your affiliate links whether shared on your website or social media platforms. You agree to comply with all the FTC legal requirements as part of your participation in our affiliate program.
Notices to the Owner and you shall be by Email addressed to the Email address that you provided to the Owner in the your Affiliate Program Application or and you can provide notices or contact the Owner by sending an email at email@example.com
This Agreement is only for the benefit of the party that you list in the Affiliate Program Application. You shall have no right to assign this Agreement or any benefits or obligation hereunder to any other party or legal entity. Any attempted assignment shall be void.
This Agreement sets forth the entire agreement and understanding between the parties with respect to the subject matter hereof and supersedes any and all prior discussions, understandings, agreements, representations, warranties or covenants between the parties related to the subject matter hereof. This Agreement may only be amended by a writing signed by the authorized representative of each of the parties, except as otherwise set forth herein. Any waiver of a breach or default under this Agreement shall not constitute a waiver of any subsequent or other breach or default and shall not serve to modify the agreements set forth herein. If any provision or term of this Agreement is held to be invalid for any reason, it shall not effect the enforceability of the remainder of this Agreement or any other term or condition of this Agreement.
This Agreement is an electronic contract with full force and effect of a handwritten signature. By participating in our Affiliate Program, you fully accept our terms and conditions set forth in this Agreement and agree