Terms of Use

These Hot House Affiliate Program Terms and Conditions ("Terms and Conditions") constitute a legal agreement between you and Hot House Entertainment ("Hot House") and spell out the terms and conditions that apply to your participation in the Hot House Affiliate Program. Please read it carefully before applying to participate in the Hot House Affiliate Program because by participating in the program you agree to be bound by these Terms and Conditions.

1. Application to Participate in Affiliate Program

   To apply to participate in the Hot House Affiliate Program, you must submit a completed Affiliate Program application through the Hot House website. The application can be found at http://cash.hothouse.com/signup.php. Upon receipt of your completed application, Hot House will evaluate it and then notify you of its acceptance or rejection. Hot House reserves the right to reject applications in its sole discretion.

2. Linking Your Sites To Hothouse.com

   If Hot House notifies you that your application to participate in the Hot House Affiliate Program has been accepted, Hot House will provide you with a Hot House account which will enable you to access and download from Hot House’s website one or more promotional banners and other promotional materials created by Hot House Entertainment which have embedded therein links in a hypertext format ("Links"). These Links will allow your visitors to enter Hot House's website, and enable us to keep track of the sales you may earn if they make Qualifying Purchases from Hot House. If Hot House accepts your application, Hot House will provide you with instructions describing how to include and maintain these Links to Hot House's site. You agree not to modify the Links in any way. You may post the Links only on sites listed by you in your initial application or subsequently approved by Hot House in writing ("Approved Sites").

3. Processing of Customer Orders

   Hot House will process orders placed by customers who enter Hot House's site through the Links. Hot House reserves the right to reject any orders that do not comply with Hot House's policies or conditions at the time of the order. Hot House or its authorized agent will undertake responsibility for all aspects of order processing and fulfillment, including the processing of payments, cancellations, and returns, and providing customer service. Hot House will track sales made to customers who purchase using your Links and you will be able to access on-line reports summarizing this sales activity through your Hot House account. The form and content of these reports will be determined by Hot House in its sole discretion.

4. Payment Terms

   Hot House will pay you a commission when visitors from any of your Approved Sites use the Links to make Qualifying Purchase from Hot House. Commissions will be calculated based on a percent of the "Net Sales" from "Qualifying Purchases" made during a "Session." Percentage rates for determining commissions will be established by us from time to time and will either be posted on Hot House's website or emailed to you.

   "Net Sales" shall mean gross sales from "Qualifying Purchases" less:

   1. Processing Fees
   2. Returns
   3. Postage, shipping, and handling charges, if any.
   4. Sales, use, or other like taxes, if any.
   
   

   If the product purchased is required to be shipped, Net Sales shall include shipped sales only. Orders entered for which such product does not ship are not reported as sales.

   "Qualifying Purchases" shall mean a purchase of an eligible product or service on Hot House's site for this Affiliate Program that meets the following criteria:

   1. The purchase must be completed on Hot House's site and made with a valid credit card and
   2. The purchase must be completed during a "Session" (defined below)
   
   

   "Session" shall mean the period beginning upon a visitor's entry to Hot House's site through a Link (regardless of whether the visitor leaves and then returns to the site), and ending thirty (30) days thereafter if the visitor accepts cookies from Hot House's site. You understand that no commission can be paid for any purchase made by a visitor who does not accept cookies, or who has deleted Hot House's cookies during a Session. In addition, any Session in progress will automatically terminate upon the expiration or termination of this Agreement or upon the visitor deleting Hot House's cookie. You will not receive any commission from any customer orders placed by phone, fax, or mail or any other means other than through the Links.

   Payments will be mailed to you monthly no later than 45 days following the end of any calendar month during which you earned a commission. All commission checks to you will be tendered in U.S. dollars. Hot House will send commission checks via regular mail to the address on file no less than monthly, as long as your account has accrued a minimum commission payout of $100. If the amount is less than the minimum, at Hot House's discretion the amount will carried over to subsequent payment periods until you have accrued the minimum payout amount.

5. Spamming and Other Impermissible Practices

   You agree to abide by all current State and U.S. Federal laws and the laws of all other jurisdictions in which you do business regarding spamming. The following practices are prohibited without exception:

   1. The marketing of your sites, including the Approved Sites, your business, products or services, Hot House Entertainment, its sites or any of its products or services by the transmission of unsolicited bulk email. Bulk emailing must be pursuant to a prior business relationship with the e-mail recipients, including, but limited to, having obtained their email addresses through a verifiable opt-in procedure.
   2. The marketing of your sites, including the Approved Sites, your business, products or services, Hot House Entertainment, its sites or any of its products or services by the transmission of email that uses or contains invalid forged headers, invalid or non-existent domain names or other means of deceptive addressing (counterfeit email).
   3. The marketing of your sites, including the Approved Sites, your business, products or services, Hot House Entertainment, its sites or any of its products or services by the transmission of email that is relayed from any third party's mail servers without the permission of that third party, or which employs similar techniques to hide or obscure the source of the email.
   4. The harvesting or collection of screen names from any ISP service (for example, AOL) for the purpose of sending unsolicited email.
   5. The use of 'meta refresh' and 'forced exit' to force visitors to your sites, including the Approved Sites, or Hot House's sites.
   6. The use of key words on third party search engines to direct traffic to Hot House's websites.
   7. Posting newsgroup links, IRC & chatroom messages, and any other practice that could damage Hot House Entertainment's reputation, or expose it to legal liability.


6. Unacceptable Content

   The Approved Sites may not contain or promote illegal or unacceptable content in any form, and may not include links to or from any other sites containing or promoting such illegal or unacceptable content. Illegal or unacceptable content includes, without limitation: child pornography, depictions of bestiality or rape, the promotion of discrimination, false or misleading advertising, the infringement of third party copyrights, trademarks or other intellectual property, or any other personal or proprietary rights, libelous materials, password selling or trading, any of the spamming activities enumerated in Section 5 above, any content that is in violation of applicable laws, and any other content deemed unacceptable by Hot House in its sole discretion. You are responsible to ensure that the Approved Sites are in full compliance with the foregoing restrictions. Hot House reserves the right to demand the removal of any content from the Approved Sites or any other sites controlled by you which content, in Hot House's sole judgment, may expose it to legal liability or may damage its reputation.

7. Restriction on Access to the Approved Sites and to the Links

   You must restrict access to the Approved Sites and the Links from jurisdictions where adult material is illegal or such access would violate applicable laws and from all minors.

8. Policies, Products and Services, and Pricing For Customers

   Customers who buy products or services through the Hot House Affiliate Program will be deemed Hot House's customers. Accordingly, all rules, policies, and operating procedures concerning customer orders, customer service, and product sales from and by Hot House will apply to those customers. Also, the terms, conditions, and policies of Hot House's site will also apply to visitors' conduct, rights, and obligations while visiting Hot House's site. Hot House has the right to change its policies and operating procedures at any time. Hot House also has the right to which products and services will be available for orders made through the Hot House Affiliate Program and the applicable the prices to be charged for these products and services, and to revise the same from time to time in its sole discretion. You may not include descriptions of pricing, products or services on any of your sites independent of the materials Hot House provided in the Links.

   Hot House Entertainment will be the sole owner of all customer information obtained from purchases made through its website, including all credit card data, customer names, addresses, email addresses and telephone numbers.

9. Ownership and License

   Hot House hereby grants you a limited, nonexclusive, nontransferable, nonsublicensable, revocable right to use the graphic images and text Hot House is providing to you as part of the Links solely for the purpose of creating links from your Approved Sites to Hot House's site. You may not modify the graphic image, text, or any other of Hot House's images in any way, or engage in site framing or similar processes. Hot House reserve all of Hot House's rights in the graphic image and text, any of Hot House's trade names, trademarks, domain names, copyrights trade dress, and any other intellectual property rights. You agree to follow Hot House's guidelines for use of Hot House's trademarks, as those guidelines may change from time to time. In addition, you agree not to use Hot House's trademarks in any search-engine keyword optimization. Hot House may revoke your license at any time by giving you written notice. You agree that you shall not present the Links or any images comprising them in combination with any other name or mark, in connection with your own goods or services, or in any manner that may suggest or imply that you or your goods or services are supplied by, sponsored by, endorsed by, or affiliated with Hot House.

10. Liability; Indemnification

    Hot House shall not be held liable for any indirect, special, or consequential damages, including any loss of income or loss of profit arising however arising, even if Hot House has been advised of the possibility of such damages from any downtimes due to problems with your hosting equipment, or technical errors. By way of example and without limitation Hot House shall not be liable for any loss of income or loss of profit arising from any downtimes of its network. You agree to participate in the Hot House Affiliate Program at your own risk and not to hold Hot House or its directors, officers and owners liable for any damage or loss caused by participation in the Hot House Affiliate Program. Further, Hot House’s aggregate liability arising with respect to this Agreement and the Hot House Affiliate Program will not exceed the total commissions paid or payable to you under this Agreement for a period of two (2) months prior to the time any such liability is established.

    You will indemnify, pay defense costs of, and hold Hot House harmless from all claims, losses, liabilities, damages, and expenses (including, without limitation, reasonable attorneys' fees and costs) arising in connection with your breach of any provision of this agreement and/or the development, operation, maintenance, and content of any of your websites, including the Approved Sites.

11. Exclusive Remedy

    If you are not satisfied with the Hot House Affiliate Program or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to terminate your account and discontinue sending traffic to the Hot House Affiliate Program.

12. Promotion

    You agree that Hot House Entertainment may use your website information for promotional purposes.

13. Modifications To This Agreement

    Hot House may modify any of the terms and conditions contained in this Agreement, at any time and in Hot House's sole discretion, by posting a change notice or a new agreement on Hot House's site. Modifications may include, for example, changes in the scope of available commissions, commission schedules, payment procedures, and Hot House Affiliate Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE HOT HOUSE AFFILIATE PROGRAM FOLLOWING THREE (3) DAYS AFTER HOT HOUSE'S POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON HOT HOUSE'S SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

14. Contact Information

    You are responsible for maintaining current contact and payee information and must inform Hot House Entertainment of any changes within 24 hours. All incomplete information will be deleted from Hot House Entertainment's files and if you provide Hot House Entertainment with an incorrect email address your account will be terminated.

15. Independent Contractors

    You and Hot House Entertainment are independent contractors. Nothing in this agreement shall make either party a partner, joint venturer, representative or any of the other and neither party shall so hold itself out by advertising or otherwise.

16. Failure to Comply

    Any failure to comply with any of the Program's rules and regulations will result in the immediate termination of your account and forfeiture of any funds owed to you. Hot House Entertainment reserves the right to undertake legal action required to recover funds previously paid and compensation for damages incurred, if any.

17. Warranties and Representation

    You warrant and represent that:

    1. You are legally authorized and with full power, able to enter into this agreement.
    2. You accept this agreement in its entirely.
    3. You are at least 18 years of age, and must have reached the age of majority in your local jurisdiction.


18. Tax Information

    All U.S. citizens must supply a Social Security Number or Federal Tax ID before receiving any commission payments. For all combined yearly commissions of $600.00 or more, Hot House Entertainment will register a 1099. Anyone providing false information will (a) forfeit all commission payments and (b) have all accounts terminated.

19. Termination

    Hot House Entertainment reserves the right to cancel your account for inactivity or any other reason at Hot House Entertainment's sole discretion.

20. Notices

    Notices to you are effective if provided in writing to the postal address(es) and electronically to the e-mail address(es) set forth in the application, or if posted on Hot House's website. Notice to us may be given in writing to: Hot House Affiliate Program, 1433 17th St., San Francisco, CA 94107 or sent by e-mail to: cash at hothouse dot com.

21. Waiver

    No breach of any of the provisions hereof may be waived except by written notice. No waiver of any breach of any provision of this Agreement shall be deemed a waiver of any other breach of the same or other provision. No failure to exercise any right or privilege shall be deemed a waiver of Hot House Entertainment's right to exercise a similar or other right or privilege subsequently.

22. Additional Terms

    Hot House make no express or implied warranties or representations with respect to the Hot House Affiliate Program or any products or services sold through the Hot House Affiliate Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage), and all aspects of the Hot House Affiliate Program are provided as-is. In addition, Hot House make no representation that the operation of Hot House's site or the Links will be uninterrupted or error-free, or will not be rerouted or black-holed. As a result, Hot House might temporarily be unable to capture information regarding Links. Hot House will not be liable for the consequences of any such interruptions or errors. The Hot House Affiliate Program is intended for commercial use only. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. IF YOU ARE AGREEING TO THIS AGREEMENT ON BEHALF OF YOUR EMPLOYER, YOU REPRESENT THAT YOU ARE AUTHORIZED TO ACCEPT THESE TERMS AND CONDITIONS ON YOUR EMPLOYER'S BEHALF. YOU UNDERSTAND THAT HOT HOUSE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS OR MAINTAIN AFFILIATES ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEBSITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEBSITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE HOT HOUSE AFFILIATE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

    Except as otherwise provided herein, this Agreement constitutes the entire agreement between the parties and supersedes all previous agreements, promises, proposals, representations, understandings, and negotiations, whether written or oral, between the parties respecting the subject matter hereof. This Agreement will be governed by the laws of the state of California without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in San Francisco, California, and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without Hot House's prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns.