The House Crowd Affiliate Programme Terms And Conditions
The purpose of The House Crowd affiliate programme is to reward Affiliates for any new customers
that they refer to The House Crowd by properly promoting thehousecrowd.com domain through
In becoming an affiliate you agree to abide by the terms and conditions detailed below.
“The House Crowd” shall mean The House Crowd Limited of (Company No. 07893395), whose registered office is at 91-95 Hale Road, Hale, Altrincham, WA15 9HW. ‘the Site’ shall mean thehousecrowd.com website.
‘the Programme’ shall mean the affiliate programme as set out on the Site and that is governed by these Terms and Conditions
‘the Link’ shall mean the HTML link provided from time to time by The House Crowd to link the Affiliate’s website to the Site.
‘the Affiliate’ shall mean the party who agrees to take part in the Programme.
2. The Programme
2.1) The Programme shall be the affiliate programme as set out on the Site from time to time.
2.2) The House Crowd is entitled to vary, amend or cancel the Programme without giving notice to the Affiliate. The House Crowd may make any such change by publishing any revised terms on the Site.
2.3) The Programme does not entitle the Affiliate to represent themselves as an agent, partner or any other form of associate of The House Crowd other than as an Affiliate as expressly provided for in these Terms and Conditions.
3. Suitability for The House Crowd Affiliate Program
3.1) The House Crowd reserves the right to terminate these Terms and Conditions and the Affiliate’s status at any time for any reason whatsoever at its sole discretion.
3.2) In particular if The House Crowd deems that the Affiliate’s website is inappropriate for the Programme then these Terms and Conditions shall be terminated. The Affiliate’s website may be deemed inappropriate if in the view of The House Crowd it contains, promotes or contains links to sites that are:
3.3) discriminatory, sexually explicit or violent material, or
3.3) promote, depict or contain links to material that promote or depict discrimination based on
race, gender, religion, national origin, physical or mental disability, sexual orientation, or age, or
3.4) contains unlawful material, this shall include but not be limited to materials that may possibly violate another’s intellectual property rights, or
3.5) contains information regarding, promotes or links to a site that provides information or promotes illegal activity, or
3.6) for any other reason that is deemed by The House Crowd (at its sole discretion) to be unsuitable.
3.7) The House Crowd reserves the right to withdraw Affiliate status at anytime after you have been accepted onto the Programme for any reason that The House Crowd deems relevant. Acceptance into the Programme does not mean that The House Crowd has specifically approved the Affiliate or its website.
4. Legitimate methods of promotion
4.1) In order to receive commission’s for referring customers to The House Crowd, the Affiliate must engage in proper promotion. Affiliates found to be engaging in improper promotion shall have their agreement terminated and their affiliate status revoked. The House Crowd shall be the sole and absolute arbiter of what constitutes proper promotion.
4.2) A non-exhaustive list of examples of improper promotion shall include but not be limited to:
4.2.1) the forwarding of any urls direct to thehousecrowd.com (this includes misspells of the above trademark domain); and
4.2.2) forcing cookies through iframes;
4.2.3) advertising through third party networks; with the exception arising from Clause 4.3 below;
4.2.4) brand bidding (including misspells) for PPC advertising,
4.2.5) including your The House Crowd affiliate link within Unsolicited Commercial Email (UCE) or SPAM,
4.2.6) including The House Crowd url in search adverts.
4.3) Affiliates are permitted to promote The House Crowd through various social media communities, as a limited exception to Clause 4.2.3 above. However, Affiliates are not permitted to create groups or specific web pages in social communities whereby they purport or hold themselves out to be representatives of The House Crowd.
4.4) The House Crowd reserves the right to conclude that you have engaged in an improper method of promotion according to our standards, at our sole discretion. We may come to such a conclusion even if it is based upon our opinion or mere suspicion or belief and is without any duty on The House Crowd to prove that our opinion or suspicion is well-founded; and even if our opinion is proven not to be well-founded or if other hosting/domain name companies have not deemed it to be an improper method of advertising.
4.5) Any Affiliate found to be adopting improper methods of promotion for the purpose of the Programme shall be deemed to have been in breach of these Terms and Conditions and shall have their Affiliate status revoked. Such an Affiliate will therefore immediately cease in being an Affiliate of The House Crowd.
4.6) Any sales that have been generated through improper promotion will not qualify for commission or credit from The House Crowd.
4.7) Any Affiliate found to be utilising these or any other improper methods of promotion may be required to pay back any such commission that has been paid by The House Crowd to them. If The House Crowd elects not to enforce this right it shall not be deemed to be a waiver of any other rights that it may have under these Terms and Conditions.
5. The Procedure
5.1) Subject to the terms of this Section, we will provide to you all Links, and any related banners, graphics, email or text advertisements necessary to promote and offer The House Crowd Services to your site’s visitors and/or its members. The House Crowd link may contain any picture, text, logo, graphic, that maybe be attributed with The House Crowd.
5.2) The House Crowd reserves the right to change the content and or display of the Link from time to time in our sole discretion. The link will connect your site with the area on our site (the landing page) where your referral may apply for The House Crowd products directly with us. The presence of The House Crowd link on your site will serve to identify you as a member of our Affiliate Programme.
6. The Payment of Commission
6.1) Once an investor has arrived at our website having followed the Link, the investor must register on The House Crowd website and make an investment
6.2) Affiliates will only earn Commission once an investor invests in one of The House Crowd products with respect to activity occurring directly through the Link that will appear on their website.
6.3) The House Crowd is under no obligation whatsoever to pay any commission to any Affiliate who does not strictly follow these Terms and Conditions as published from time to time.
6.4) The House Crowd reserves the right to take legal action against any Affiliate that commits fraud, or conspiracy to defraud and to recover any commissions paid to an Affiliate which was earned as a result of such fraud. For the purposes of these Terms and Conditions fraud shall include but not be limited to wittingly violating the terms of these Terms and Conditions.
6.5) Affiliates will earn Commissions on all investments made by their referral investors. Commissions will not be not paid on investments made by pre-existing The House Crowd clients. Should the investor be referred by two affiliates on the first will be the party entitled to receive Commission.
6.6) The rates of commission payable to the Affiliate from time to time shall be published on the Site and may be amended or varied by The House Crowd at any time without reference to the Affiliate. Any revised rates of commission payment shall take effect from the day published on the site. The House Crowd reserves the right to reduce the rate of commission proportionately if there is a special offer running, The House Crowd does not receive the full 5% platform listing fee or the investment term is less than 12 months.
6.7) Commission is payable by The House Crowd at the end of the calendar month following receipt of the investors funds provided that the purchase of the relevant property has completed or the relevant loan has been made. If not, the Affiliate shall be paid at the end of the month following that completion.
7. The House Crowd’s Obligations
The House Crowd agrees to undertake the following obligations:
7.1) provide all information necessary to allow the Affiliate to make necessary the Link from thehousecrowd.com to the Affiliate’s site,
7.2) processing all registrations for The House Crowd products placed by a referral following the Link,
7.3) tracking the number and amount of relevant sales generated through the Link,
7.4) providing information to the Affiliate regarding commission payments,
8. The Affiliate’s Obligations
The Affiliate agrees to be solely responsible for the following and shall keep The House Crowd fully indemnified in respect of:
8.1) the content of the Affiliate’s site or any site that they may be connected to,
8.2) any misrepresentation of The House Crowd or its products or services,
8.3) making of any false claims, representations or warranties in connection with The House Crowd,
8.4) ensuring that your site and your products and services that you offer from your site comply with all applicable copyright, trademark, any intellectual property right, Data Protection, anti-spam or any other applicable law,
8.5) obtaining permission to use another party’s copyrighted or any other proprietary material,
8.6) the development, operation and maintenance of the Affiliate’s site and for all materials that appear on it. For the purposes of these Terms and Conditions this shall include but not be limited to, the technical operation of your site and all related equipment; the accuracy and propriety of materials posted on your site; and ensuring that materials posted on your Site do not violate or infringe upon the rights of any third party and are not libellous or otherwise unlawful or illegal. The House Crowd hereby disclaim all liability for all such matters,
8.7) Affiliates also agree to indemnify and hold harmless The House Crowd, its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, expenses, and costs insofar as such arise out of or are based on, or in any way connected with these Terms and Conditions.
8.7) the payment of all tax and national insurance payable on any payments made to the Affiliate by The House Crowd.
9. Right to Name as a Reference Customer
9.1) Affiliates shall not create, publish, distribute, or permit any written or graphical material that makes reference to The House Crowd other than those mentioned in these Terms and Conditions or otherwise provided by The House Crowd, without the prior written consent of The House Crowd. The House Crowd reserves the right to refuse any request for consent under these Terms and Conditions.
10. The Licence
10.1) The House Crowd grants to the Affiliate a non-exclusive, non-transferable, revocable right to access the thehousecrowd.com, site through the Link solely in accordance with the terms of these Terms and Conditions. This licence shall be used solely in connection with the Link, and it will extend to the use of our logos, trade names, trademarks and similar identifying material relating to The House Crowd and which The House Crowd shall provide to the Affiliate, for the sole purpose of establishing the Link to thehousecrowd.com so customers can register and invest in The House Crowd products.
10.2) Affiliates cannot modify or change the Link or any other materials provided by The House Crowd in any way.
10.3) Other than establishing the Link, the Affiliate shall not make any use of any of the licensed materials noted in the aforementioned paragraph provided by The House Crowd without first obtaining the prior written consent of The House Crowd. Affiliates shall not use the Licensed Materials in any manner that is inappropriate or that is in any way detrimental to The House Crowd brand or any other brands.
10.4) The House Crowd reserves all of its rights in the materials provided and all of its other proprietary rights. The House Crowd shall be entitled to revoke this license to use the Link or the materials at any time and at its sole discretion.
10.5) The licenses described in this Section shall expire upon the termination of these Terms and Conditions.
10.6) Any inappropriate use of the Link, text, banners or other advertisements not expressly approved of in writing or provided by The House Crowd may be cause for immediate termination of these Terms and Conditions.
11. Terms of the agreement
11.1) The terms of these Terms and Conditions will begin upon your signup with the Programme and will end when your affiliate account is terminated.
12.1) The House Crowd reserves the right to modify or otherwise change the terms of these Terms and Conditions at any time as it sees fit. The House Crowd shall make such modifications by way of publishing revised terms on the Site. Affiliates only remedy in the event of revised terms of these Terms and Conditions being published shall be to terminate these Terms and Conditions. An Affiliate shall be deemed to have accepted of any modification to these Terms and Conditions as published from time to time.
13. Limitation of Liability
13.1) The House Crowd shall not be liable to the Affiliate or to any other person, for indirect, incidental, or special damages, lost profits, loss of goodwill, lost savings, or any other form of consequential damages, regardless of the form of action, even if The House Crowd has been advised of the possibility of such damages, whether resulting from breach of its obligations under these Terms and Conditions or otherwise.
13.2) The House Crowd’s entire liability in respect of any liability arising under these Terms and Conditions will not exceed the total commission fees paid or payable to the Affiliate under these Terms and Conditions.
13.3) The House Crowd makes no warranties, either express or implied, concerning the performance or functionality of The House Crowd services, or the Programme as a whole. This includes but is not limited to the Link or any other affiliate advertisements and hereby expressly disclaims all implied warranties, including warranties of merchantability or fitness for a particular use or purpose.
13.4) The House Crowd shall under no circumstances be liable to the Affiliate or to any other person or entity for any loss, injury, or damage, of whatever kind, resulting from or arising out of any mistakes, errors, omissions, delays, or interruptions in the receipt, transmission, or storage of any messages or information arising out of or in connection with the Programme or The House Crowd.
14. Governing Law
14.1) These Terms and Conditions is governed by, and is construed in accordance with the laws of England and Wales.
14.2) The Courts of England and Wales shall have jurisdiction to hear any disputes arising from these Terms and Conditions.
14.3) The House Crowd shall not be liable for the legality of The House Crowd service in countries other than the United Kingdom.
14.4) Affiliates are solely responsible for the legality of the use of the service if the Affiliate in question is registered to The House Crowd service from a country other than the United Kingdom or if the Affiliate’s website is on a server in a country other than the United Kingdom.