Affiliate Terms and Conditions
If you have read and agreed to Affiliate Terms and Conditions detailed below, please contact us to apply with the following information:
- Your full name
- What type of influencer you are (ie. Lifestyle, Tech, Tutorial etc.)
- Youtube channel URL (mandatory if it's your primary platform)
- Instagram profile URL (mandatory if it's your primary platform)
- Blog site URL (optional)
Please read and review this entire agreement. This is a legally binding agreement between you (influencer) and Hendma (www.thehendma.com). By filling out the Hendma Affiliate Program application form, you acknowledge that you have read and agree with the following terms and conditions and that you agree to be legally responsible for each term and condition.
Submitting Your Application
Once you submit your application you are bound by the terms of this agreement. When filling out the application you must provide accurate and complete information. Participation in the Hendma Affiliate Program is to legally advertise our website to receive commission on referral customers. We will evaluate each application and you will be notified of your acceptance or rejection. We may reject your application if we determine that your website is unsuitable for any reason.
To comply with United States Internal Revenue Service (IRS) tax regulations, we require you to submit W-9 or W8-BEN (depending on your citizenship) once your commission reaches to $600. Otherwise, we will withhold your payment until you submit the required tax document above.
- If you are United States citizen, please submit W9 Form (PDF link from IRS).
- If you are non-United States citizen working outside United States, please submit W8-BEN (PDF link from IRS). To fill out Part II (Claim of Tax Treaty Benefits), please refer your country specific treaty on IRS list here.
To secure your privacy, please do not send W9 (or W8-BEN) via email. We also recommend you to encrypt your document into password-secured Zip or Rar file.
Please follow the FTC Affiliate regulations in representing our affiliate in your videos or posts:
- Make sure our affiliate disclosure is easily discovered clearly by your audience. No tiny fonts, faint font colors and so on.
- The disclosure must appear before the codes/links.
- Please use plain and unambiguous language to describe the affiliate disclosure without requiring outbound link, such as "I get commissions for purchases made through links in this video/post."
- In video, the affiliate disclosure must be at the beginning and on the screen long enough to be read and understood.
- In post, the affiliate post must have tags that indicate affiliate disclosure such as #affiliate, #sponsored etc.
- Once your application is approved, we may re-evaluate your application at any time. The terms and conditions of this agreement will begin when your application has been submitted and will end when your influencer account has been terminated. Affiliation can be immediately revoked if we deem your site to be unsuitable for any of the following reasons; including but not limited to:
- False advertisements concerning Hendma
- Spamming using your influencer link
- Usage of materials that infringe on any copyright, trademark or other intellectual property rights or to violate the law
- Harassment or intimidation of others on your website (it will be evaluated per context of the incident)
- Content deemed to be graphic or explicit by Hendma
- Promotion of illegal activities
- Usage of technology to potentially divert commission from other influencers in our program
- Hendma reserves the right to review your placement and approve the usage of your influencer links. You may use graphics and texts provided to you by us or create your own as long as it is appropriate (see condition 2.1). You may not use your own link to make purchases. You will not earn commission from orders placed under your influencer link by customers residing in your household.
The maintenance and updating of your site or social media accounts are your responsibility. We may monitor your site/social media as necessary to ensure your content is up to date and notify you of any changes that should be made to help your influencer performance. Your affiliation can be terminated if we find your site or social media has not been updated in over 1 year. A written notice will be given via email should we find your site outdated. You will have 48 hours to respond with an updated site before your affiliation is terminated.
You agree that you are an independent contractor, and nothing in this agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Hendma. You will not make any statement, whether on your site or any other of your site, social media or otherwise, that reasonably would contradict anything in this section.
While you are free to market Hendma on your own web site or social media accounts, the promotion of the Hendma brand could be perceived to the public as a joint effort. Please be aware certain forms of advertising are prohibited by Hendma. Please abide by the following guidelines when planning your marketing efforts:
“Hendma” cannot be used as a part of an influencer's website domain name, blog, Facebook account, YouTube channel, Twitter username or any URL associated with the influencer account.
FTC Guidelines & Spamming
Advertising commonly referred to as “spamming” is unacceptable to Hendma and could damage our name. Influencers must abide by all state and federal consumer protection laws and regulations including the Federal Trade Commission Act and the CAN-SPAM Act. The FTC points out that “when there exists a connection between the endorser and the seller of the advertised product” it is imperative that such a connection is “fully disclosed.” We strongly encourage our influencers to adhere to the FTC’s rules. We also reserve the right to terminate our relationship with any non-compliant influencers. Any pending commissions owed will not be paid if your account is terminated due to spamming or solicitation.
Unsolicited Commercial Email (UCE)
You may use mailings to contact your customers so long as the recipient is already a customer or subscriber of your services or website and the recipient has the option to opt-out of future mailings for themselves.
Copyright and Trademark Infringement
Hendma reserves the rights to seek legal action against retail partners and influencers that infringe our copyrights, registered trademarks, and patented and patent pending products. Influencers acknowledge that they will not promote, manufacture, distribute or sell products that replicate the exclusive designs and functions owned by Hendma. Failure to adhere may result in removal of the Affiliate Program. Hendma will legally pursue all parties associated with the manufacturing, distribution, and sale of counterfeit or patent infringing products.
Referral Link and Coupon Code Marketing Guidelines
Referral link and/or coupon marketing is allowed, but influencers must adhere to the following terms:
- Influencers are permitted to use active referral links and/or coupon codes provided exclusively through the Hendma Affiliate Program. Influencers are not permitted to promote unauthorized referral links and/or coupon codes, links and/or codes that are exclusive to other influencers, links and/or codes provided in customer-oriented newsletters or other promotional links and/or codes from Hendma’s non-influencer program marketing efforts. Use or attempted use of any links and/or coupon code received from any source other than directly from the Hendma Affiliate Program will result in lost commissions and/or removal from the program.
- Publishers of the link and/or coupon code must not use “bait and switch” language, misrepresentations, or false advertising when promoting offers (i.e: “Click here for more possible deals”). Publishers must remove invalid coupon codes and banners, or make clear to readers that the code is expired.
- Influencers bear the responsibility for removing any unauthorized, user-submitted codes.
- Failure to follow these guidelines will result in suspension and lost commissions. Upon warning, influencers must remove all violations. Repeated abuse will result in cancellation of your affiliation and any pending commissions owed will not be paid if your account is terminated due to coupon code misuse.
HENDMA MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE PROGRAM, HENDMA’S SERVICES, WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF HENDMA ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
Limitations of Liability
WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL HENDMA’S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.
You hereby agree to indemnify and hold harmless Hendma, and its subsidiaries and influencers, and their directors, officers, employees, agents, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the influencer trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.
All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this agreement which is marked "Confidential," will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.
You will receive a commission for all authorized sales via your influencer code/link. In order to place an influencer code/link, you must first be approved by Hendma to become an influencer. Payout rates may be changed at any time and can be viewed via your influencer account on Shoutout. Hendma uses a third party, Shoutout, to handle all influencer tracking and payments. Payments are made automatically on the tenth (10th) day of every month when your account balance reaches the required minimum $100. If your account balance is less than $100, you will be paid the next following month. For example: if your end of January's balance is $95, you will be paid on March 10th instead of February 10th. Your account does not accrue interest. Coupon Sites are not eligible to receive monthly cash bonuses.
Influencer Account Interface
You will create a log-in and password in order to enter the Shoutout secured influencer account interface. From their site, you will be able to view and receive your reports regarding your commissions due to you.
We may modify any of the terms and conditions in this agreement at any time at our sole discretion. In such event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and Hendma Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this agreement. Your continued participation in Hendma Affiliate Program following the posting of the change notice or new agreement on our site will indicate your agreement to the changes.
Revocation of Affiliation
Affiliation can be ended at any time, with or without cause, by giving the other party written notice. Written notice can be in the form of mail, email or fax. In addition, this agreement will terminate immediately upon any breach of this agreement by you. If Hendma affiliation is revoked, you cannot rejoin the program in the future.