Last updated March 31, 2023

Please read these Terms and Conditions (“Terms”) carefully before participating in the TAMHOUSTON.COM Affiliate Program (the “Program”, “TAM Affiliates”, “TAM Affiliate Program”) operated by TAMHOUSTON.COM (“us”, “we”, or “our”). Your participation in the Program constitutes your agreement to be bound by these Terms.

  1. Eligibility
    • To be eligible for the Program, you must:
    • a. Be at least 18 years old or the age of majority in your jurisdiction.
    • b. Have a valid and active TAMHOUSTON.COM account.
    • c. Agree to comply with all applicable laws and regulations.
    • d. Not be involved in any illegal or unethical activities.
  2. Enrollment
    • To enroll in the Program, you must submit a completed Affiliate Program Application. We will evaluate your application and notify you of your acceptance or rejection. We reserve the right to reject your application for any reason, including, but not limited to, if your website or content is deemed inappropriate, offensive, or inconsistent with our brand values.
  3. Affiliate Links and Marketing Materials
    • Upon acceptance into the Program, you will receive access to marketing materials and affiliate links. You are required to use these materials and links when promoting our products or services. You may not modify, alter, or change these materials without our prior written consent.
  4. Commissions
    • a. As an Affiliate, you will earn a commission for each Qualified Purchase made through your unique affiliate link. A “Qualified Purchase” is a purchase made by a customer who:
      • i. Completes the purchase process using your unique affiliate link.
        • ii. Has not previously made a purchase using your unique affiliate link.
          • iii. Is not engaging in fraudulent activities.
    • b. The commission rate, payment terms, and payment methods will be specified in the Affiliate Program Application or in any communication from us.
    • c. We reserve the right to withhold or adjust commission payments in cases of suspected fraudulent activities, chargebacks, or refunds.
  5. Tracking and Reporting
    • We will provide you with access to tracking and reporting tools to monitor your referrals and commissions. It is your responsibility to ensure that your affiliate links are properly formatted and functioning. We are not responsible for any lost commissions due to improperly formatted or malfunctioning affiliate links.
  6. Termination
    • a. We may terminate your participation in the Program at any time, for any reason, with or without notice.
    • b. You may terminate your participation in the Program by providing written notice to us.
    • c. Upon termination, you must immediately remove all affiliate links, marketing materials, and any references to the Program from your website and other promotional channels. You will not be eligible for commissions on Qualified Purchases made after the termination date.
  7. Intellectual Property
    • You acknowledge that all intellectual property rights, including but not limited to trademarks, logos, and copyrighted materials, are the property of TAMHOUSTON.COM. You may not use any such intellectual property without our prior written consent, except as expressly provided in these Terms.
  8. Indemnification
    • You agree to indemnify, defend, and hold harmless TAMHOUSTON.COM, its officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with your participation in the Program, your breach of these Terms, or your violation of any applicable laws or regulations.
  9. Limitation of Liability
    • In no event shall TAMHOUSTON.COM be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, arising out of or in connection with your participation in the Program or the use of our affiliate links and marketing materials, even if advised of the possibility of such damages.
  10. Disclaimers
    • a. THE PROGRAM IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TAMHOUSTON.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
      • b. We make no representation or warranty that the Program will meet your requirements, that it will be uninterrupted, secure, or error-free, or that any results or commissions obtained through the Program will be accurate or reliable.
  11. Modification
    • We reserve the right to modify, amend, or terminate the Program or these Terms at any time and for any reason. We will notify you of any changes to the Terms by posting an updated version on our website or emailing you. Your continued participation in the Program following any such changes constitutes your acceptance of the revised Terms.
  12. Governing Law
    • These Terms shall be governed by and construed in accordance with the laws of the state or jurisdiction in which TAMHOUSTON.COM is incorporated, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within that state or jurisdiction for any disputes arising out of or relating to these Terms or the Program.
  13. Severability
    • If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
  14. Entire Agreement
    • These Terms constitute the entire agreement between you and TAMHOUSTON.COM concerning the Program and supersede any prior or contemporaneous agreements, understandings, negotiations, or representations, whether oral or written, relating to the subject matter hereof.
  15. Assignment
    • You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms without restriction.
    • By participating in the TAMHOUSTON.COM Affiliate Program, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.