Houzz Logo
Have questions?Email affiliates@houzz.com

 

Houzz Shop Affiliate Program Agreement

Introduction: These are the terms under which Houzz Shop pays Affiliates for referring online visitors to e-commerce transactions on Houzz.

This Houzz Shop Affiliate Program Agreement ("Agreement") is made by and between Houzz Shop LLC, a Delaware limited liability company with its principal offices located at 285 Hamilton Ave, Palo Alto, CA 94301 ("Houzz Shop", "we" or "us"), and the Affiliate monetizing its websites and applications through the implementation of Affiliate Links to the Houzz Platform (as defined below) ("Affiliate" or "you"). Houzz Shop is a subsidiary of Houzz Inc. ("Houzz").

By accepting this Agreement online, or completing Houzz Shop’s Affiliate signup process, Affiliate agrees to this Agreement. In addition, Affiliate agrees to all terms, policies, guidelines or notices that may be published from time to time by Houzz Shop through the Affiliate Dashboard (as defined below) or otherwise communicated in writing by Houzz Shop to Affiliate (the "Affiliate Guidelines"), which are incorporated into this Agreement. For clarity, while any amendments to the main body of this Agreement will be made solely in accordance with Section 13 (Modifications to Agreement), Houzz Shop may update the Affiliate Guidelines at any time or from time to time in our discretion.

  1. Program Summary. The Houzz Shop Affiliate Program (the "Program") allows you to monetize your approved websites or other applications (each, an "Affiliate Site") by placing special links ("Affiliate Links") on your Affiliate Sites to home goods and furniture available for purchase on the Houzz Platform ("Products"). You acknowledge and agree that Houzz Shop admits Affiliates into the Program in our sole discretion and may reject your application for any or no reason. After reviewing your application we will notify you if you have been accepted or rejected into the Program.
  2. ENROLLMENT. After receiving your application, we will review your website and notify you of your acceptance or rejection into our Program. Please allow up to 48 hours for your application to be reviewed. We reserve the right to reject any application; however, we encourage you to contact us if you feel we have made an incorrect decision, including all of the websites that you use in your profile will help us make a better decision.
  3. WEBSITE RESTRICTIONS
    Your participating website(s) may not:
    1. Infringe on our or any anyone else’s intellectual property, publicity, privacy or other rights.
    2. Violate any law, rule or regulation.
    3. Contain any content that is threatening, harassing, defamatory, obscene, harmful to minors, or contains nudity, pornography or sexually explicit materials.
    4. Contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, interfere with, surreptitiously intercept or expropriate any system, data, or personal information.
    5. Contain software or use technology that attempts to intercept, divert or redirect Internet traffic to or from any other website, or that potentially enables the diversion of affiliate commissions from another website. This includes toolbars, browser plug-ins, extensions and add-ons.
  4. Affiliate Links. Approved Affiliates may place Affiliate Links on approved Affiliate Sites, subject to the following restrictions:
    1. You may only use linking code that you obtained from the Affiliate interface without manipulation.
    2. You may only place Affiliate Links on Affiliate Sites you submit via the Affiliate interface and are approved by Houzz Shop.
    3. Your Website will not in any way copy, resemble, or mirror the look and feel of our Website. You will also not use any means to create the impression that your Website is our Website or any part of our Website including, without limitation, framing of our Website in any manner.
    4. You may not engage in cookie stuffing or include pop-ups, false or misleading links on your website. In addition, wherever possible, you will not attempt to mask the referring url information (i.e. the page from where the click is originating).
    5. Using redirects to bounce a click off of a domain from which the click did not originate in order to give the appearance that it came from that domain is prohibited.
  5. Restricted Sites. You may not publish Affiliate Links on any Affiliate Site that i) is contrary to Houzz's public image, goodwill or reputation; ii) promotes any illegal activity or content, including without limitation child or animal abuse, violence, illegal drug use, and underage drinking; iii) infringes on our or any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; iv) expresses or implies that any of your statements, activities or causes are endorsed by us, without our prior written consent in each instance; v) violates any applicable law, statute, ordinance or regulation, or encourages any conduct that could constitute a criminal offense or give rise to civil liability; vi) is libelous, defamatory, threatening, harassing, invasive of privacy, abusive, tortious, hateful, discriminatory, pornographic or obscene; vii) transmits any trade secret or other material, non-public information about any person, company or entity without the authorization to do so; viii) restricts or inhibits any other visitor from using the Houzz Platform, including, without limitation, by means of "hacking" or defacing any portion of the Houzz Platform; ix) modifies, adapts, sub-licenses, translates, sells, reverse engineers, decompiles, or disassembles any portion of the Houzz Platform; x) "frames" or "mirrors" any part of the Houzz Platform without our prior written authorization; xii) distributes any virus, Trojan horses,worms, time bombs, cancelbots or other similar or deleterious files, scripts or programming routines; xii) involves the preparation or distribution of junk mail, spam, chain letters, pyramid schemes, or other deceptive or unsolicited bulk or commercial email, or violate in any way the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act of 2003) or equivalent, applicable, foreign law; or xiii) contains any reference to or likeness of any identifiable third parties, unless consent has been obtained from all such individuals and their parent/legal guardian if they are under the age of majority in their jurisdiction of residence (any of the above, a "Restricted Site"); or xiiii) Contain software or use technology that attempts to intercept, divert or redirect Internet traffic to or from any other website, or that potentially enables the diversion of affiliate commissions from another website. This includes toolbars, browser plug-ins, extensions and add-ons.
    1. You must clearly identify yourself as a Houzz Shop Affiliate on each Affiliate Site wherever Houzz Content is published, through the text "[Affiliate Name] is a Houzz Shop Affiliate."
    2. You must comply with the Affiliate Guidelines at all times in order to earn Referral Fees.
    3. If you are found redirecting links to hide or manipulate their original source, your current and past commissions will be voided or your commission level will be set to 0%. This does not include using "out" redirects from the same domain where the affiliate link is placed.
  6. Referal Fees.
    1. When a consumer ("Buyer") clicks an Affiliate Link on your Affiliate Site and completes an e-commerce transaction ("Purchase") on the Houzz Platform, you may be entitled to a Referral Fee of as mentioned in the program terms of the total purchase price of the Purchase (not including sales tax or shipping) if the Purchase meets the Referral Criteria and is not an Excluded Purchase.
    2. Referral Criteria. A transaction meets the "Referral Criteria" if i) the purchased items are added to the Buyer’s cart after the Affiliate Link is clicked, ii) no other Affiliate’s Affiliate Links were clicked by the Buyer after the Buyer clicked your Affiliate Link but before the purchased items were added to the Buyer’s cart; and iii) no more than 30 days have elapsed since the Buyer clicked your Affiliate Link.
    3. An "Excluded Purchase" is any Purchase i) where the Buyer uses a coupon code or a Houzz gift card, ii) to the extent the Buyer cancels or returns any purchased items within 90 days from delivery, iii) that we reasonably determine is fraudulent or illegal under applicable law, iv) that is canceled by reason of Buyer chargeback, or iv) that is canceled or refunded for reason of manufacturer recall. v) Item was undelivereable.
    4. Payment Terms. On a monthly basis Houzz Shop, or its agent, will pay Affiliate the Referral Fees Earned in preceding month, no later than 30 days after the locking of the orders in question. A Referral Fee is "Earned" for any Purchase that is not an Excluded Purchase 90 days after delivery of the Purchase to the Buyer. Monthly reporting of all Referral Fees Earned in a calendar month will be made available in the Affiliate interface.
    5. If Affiliate breaches this Agreement, including the Affiliate Guidelines, or any other agreement with any Houzz Entity, Affiliate will be ineligible for and waives any right to receive any Referral Fees for so long as the breach remains uncured.
  7. Prohibited activities
    1. Affiliate will not use the Houzz Content for any purpose other than to place Affiliate Links on approved Affiliate Sites to the Houzz Platform. Without limiting the foregoing, Affiliate will not use Houzz Content to promote its own business or the businesses of third parties, or to link to sites other than the Houzz Platform.
    2. Advertising Restrictions. The following restrictions apply to all Affiliate Sites and survive termination of this Agreement or the Program.
      1. Keywords. You may not bid on any of our trademarked terms, including any variations or misspellings thereof, alone or in combination with other keywords, for search or content based campaigns on Google, Bing, Facebook or any other search engine or network.
      2. Ad Copy. You may not use our trademarked terms in your ad title, ad copy, display name, or as the display URL.
        1. You may not use our trademarked terms in sequence with any other keyword (i.e. Houzz Coupons).
      3. Redirects Prohibited. You must link directly to the Houzz Platform from the Affiliate Sites using the Affiliate Links, without use of redirects or other intervening actions.
        1. You may not direct link to our website from any Pay Per Click ad or use redirects that yield the same result. Affiliate links must be directed to an actual page on your website.
        2. You may not bid in any manner appearing higher than Houzz for any search term in position 1-5 in any auction style pay-per-click advertising program
        3. If you automate your PPC campaigns, it is your responsibility to exclude our trademarked terms from your program and we strongly suggest you add our trademarked terms as negative keywords. We have a strict no tolerance policy on PPC trademark bidding. You will forfeit all commissions for a minimum of the past 30 days and your commission will be set to 0% without warning if you engage in PPC trademark bidding that uses our trademarked terms.
        Trademarked Terms: Houzz, Houzz.com
      4. Domains. You may not register any domains containing any of the Houzz Entities’ trademarks, including any variations or misspellings thereof (e.g. houzzaffiliate.com, houzzfurniture.com, houzshop.com, www.Houzz-coupons.com).
      5. Emails and Newsletters. If you intend to promote our Program via e-mail campaigns, you must adhere to the following:
        1. Abide by the CAN-SPAM Act of 2003 (Public Law No. 108-187) with respect to our Program.
        2. E-mail must be sent on your behalf and must not imply that the e-mail is being sent on behalf of Houzz.
        3. E-mails must first be submitted to us for approval prior to being sent or we must be sent a copy of the e-mail.
      6. Coupons. You may not publish coupon codes for the Houzz Platform on the Affiliate Sites unless such coupon codes were made accessible through the Affiliate interface.
        1. You may ONLY advertise coupon codes that are provided to you through the affiliate program.
        2. Posting any information about how to work around the requirements of a coupon/promotion (ie first time customers only) will result in removal from the program.
        3. Coupons must be displayed in their entirety with the full offer, valid expiration date and code.
        4. You may NOT use any technology that covers up the coupon code and generates the affiliate click by revealing the code(s).
        5. You may NOT advertise coupon codes obtained from any non-affiliate marketing channel, including coupon codes from our email, paid search or any other non-affiliate advertising campaigns.
  8. You may NOT give the appearance that any ongoing offer requires clicking from your website in order to redeem. For example, if all items on the site have free shipping over $100, you may not turn this into an offer that infers that the customer must click from your site to get this deal. COUPON ATTRIBUTION & AUTHENTICATION. Affiliates whose primary business is posting coupons, who are viewed by the program as being a coupon site, and/or who are tagged as coupon in our system, may not be paid commissions for sales generated without a corresponding valid coupon code. Valid codes are defined as codes that are made available to the affiliate channel in general, through newsletters or in Impact Radius, and directly or privately to affiliates. Coupon codes that are not real, expired, not specific (i.e up to 40% off sale items) or are long-term sitewide offers that do not require a code may not considered valid codes and the affiliate will not be given commission on these orders.
  9. SUB-AFFILIATE NETWORKS. Promoting Houzz through a sub-affiliate network is permitted, however you must be completely transparent with regards to where traffic from your sub-affiliates originated. Sub-affiliate networks must ensure that all sub-affiliates promoting the Houzz program adhere to our program terms and conditions. This includes restrictions on advertising through toolbars, browser extensions, and through any paid placements such as a pay-per-click campaigns. Sub-affiliate networks must also receive approval prior to allowing any type of coupon sub-affiliate to promote the Houzz program.
    1. Failure to comply with our sub-affiliate network terms may result in a loss and/or reduction of commission from sales made through any sub-affiliate that does not comply with our program terms.
  10. SOCIAL MEDIA. Promotion on Facebook, Twitter, and other social media platforms is permitted following these general guidelines:
    1. You ARE allowed to promote offers to your own lists; more specifically, you’re welcome to use your affiliate links on your own Facebook, Twitter, etc. pages. For example: You may post, "25% off sale at Houzz through Wednesday with code Houzz25."
    2. You ARE PROHIBITED from posting your affiliate links on Houzz’s Facebook, Twitter, Pinterest, etc. company pages in an attempt to turn those links into affiliate sales.
    3. You ARE PROHIBITED from running Facebook ads with Houzz’s trademarked company name.
    4. You ARE PROHIBITED from creating a social media account that includes Houzz’s trademark in the page name and/or username.
  11. OPERATIONS OUTSIDE UNITED STATES. If you are conducting business in or taking orders from persons in other countries, you will follow the laws of those countries. For example, you will comply with the European Union’s Privacy and Electronic Communications Directive if you are conducting business in or taking orders from persons in one or more of the European Union countries.
  12. REVERSAL & COMMUNICATION POLICY. Houzz takes pride in its very low reversal rate, which we attribute to open communication with our affiliates. However, we reserve the right to reverse orders due to order cancellations, duplicate tracking, returns, disputed charges, and program violations as outlined in these terms and conditions.
    1. Additionally, if we ask you for clarification or more information on any orders or clicks that we suspect may be in violation of our terms and conditions, we expect that you will respond in a timely and honest manner. Below are violations of our communications policy.
      1. You are not forthcoming, intentionally vague or are found to be lying.
      2. You are not responsive within a reasonable time period and after multiple attempts to contact with information listed in your network profile.
      3. You cannot substantiate or validate the source of your traffic to our program with clear and demonstrable proof.
    2. If any of the above apply, then we reserve the absolute right to reverse orders, set your commission to 0% or suspend you from the program for the period or orders in question. We know that many violations are a result of automated processes; however it is incumbent upon each affiliate to ensure that it has the appropriate checks and balances in place to pro-actively address these issues and adhere to our program rules.
  13. FTC DISCLOSURE REQUIREMENTS. You must include a disclosure statement within any and all pages, blog/posts, or social media posts where affiliate links for our affiliate program are posted as an endorsement or review, and where it is not clear that the link is a paid advertisement. This disclosure statement should be clear and concise, stating that we are compensating you for your review or endorsement. If you received the product for free from us or from the affiliate management team for review, this also must be clearly stated in your disclosure.
    1. Disclosures must be made at the beginning of the claims and may not appear solely in a "Terms of Use", "Legal", "About Us" or other linked page.
    2. Disclosures should be placed above the fold; scrolling should not be necessary to find the disclosure. (e.g. disclosure should be visible before the jump).
    3. Pop-up, hover state and button disclosures are prohibited.
    4. Disclosure policy applies to all social media, even when space is restricted (e.g., tweets)
    5. Disclosures should be made in the same medium as the claim (e.g. video, text)
    6. For more information about FTC disclosure requirements, please review the FTC's "Dot Com Disclosures" Guidelines at http://www.ftc.gov/os/2013/03/130312dotcomdisclosures.pdf (example 21) and the FTC's Endorsement Guidelines at http://business.ftc.gov/advertising-and-marketing/endorsements
    7. If you engage in so called "native advertising", you further agree to comply with the FTC’s Enforcement Policy Statement on Deceptively Formatted Advertisements at https://www.ftc.gov/system/files/documents/public_statements/896923/151222deceptiveenforcement.pdf and the related guidelines.
  14. PROHIBITION AGAINST SOLICITATION FOR RESIDENT AFFILIATES IN SELECT STATES. Due to local state tax laws, we unfortunately are not accepting affiliates residing in Arkansas, Connecticut, Georgia, Illinois, Kansas, Louisiana, Maine, Michigan, Minnesota, Missouri, Nevada, New Jersey, North Carolina, Pennsylvania, Rhode Island, and Vermont. If at any time following your enrollment in the Program you become a resident of Arkansas, Connecticut, Georgia, Illinois, Kansas, Louisiana, Maine, Michigan, Minnesota, Missouri, Nevada, New Jersey, North Carolina, Pennsylvania, Rhode Island, and Vermont you will become ineligible to participate in the Program and your participation in the Program will automatically terminate, on the date you establish residency in that State. In addition, you must promptly notify us in writing of your Arkansas, Connecticut, Georgia, Illinois, Kansas, Louisiana, Maine, Michigan, Minnesota, Missouri, Nevada, New Jersey, North Carolina, Pennsylvania, Rhode Island, and Vermont residency, which you may do via the Impact Radius affiliate website.
  15. Intellectual Property Rights.
    1. Affiliate Rights. You are granted a limited right to use the Houzz Content solely for the purpose of publishing the Houzz Content on approved Affiliate Sites in connection with the Program and disclosing your status as a Houzz Shop Affiliate.
    2. Houzz Shop Rights. Except for Affiliate’s limited right to use the Houzz Content, the Houzz Entities will have and retain all rights, title and interest (including intellectual property rights) in and to the Houzz Content, the Houzz Platform, and all website(s), logos, trademarks, banners, marketing collateral, promotional materials, and images created by or for Houzz Entities (including as may relate to the Products). Except as expressly permitted by this Agreement, Affiliate may not use the names, logos, or other trademarks of the Houzz Entities in any public statement, including without limitation in press releases, customer lists, and marketing materials, without first obtaining Houzz Shop’s prior written consent. You agree to immediately cease any use of any Houzz Content upon request by Houzz Shop.
  16. Terms and Termination
    1. Terms and Termination This Agreement will remain in effect until terminated in accordance with its terms. Either party may terminate this Agreement at any time upon written notice to the other party.
    2. Effect of Terminationn At termination, Affiliate’s limited right to use the Houzz Content will terminate and Affiliate will remove all Houzz Content from all Affiliate Sites within 72 hours of termination. All Referral Fees earned by Affiliate prior to termination will be paid on our normal payment schedule. Termination is not an exclusive remedy and the exercise by either party of any remedy under this Agreement will be without prejudice to any other remedies it may have under this Agreement, at law, or otherwise. Neither party will have any liability to the other arising solely from termination of this Agreement in accordance with its terms.
    3. Survival. Sections 4, 6 -11, and 13-15 will survive any termination or expiration of this Agreement. Unless otherwise specified by Houzz Shop or in this Agreement, any agreement or Order submitted prior to the termination of this Agreement will remain in effect in accordance with its own terms.
  17. Representations and Warranties. Affiliate represents and warrants that: (ⅰ) Affiliate has the requisite power and authority to enter into and carry out the terms of this Agreement, without conflict with any other obligation Affiliate may have to any other party, and Affiliate has obtained and will maintain all rights, approvals and consents necessary to perform its obligations and grant all rights and licenses granted to Houzz Shop under this Agreement; (ⅱ) Affiliate is not located in a Restricted State; (ⅲ) the Affiliate Sites at all times will comply with all applicable industry standards, laws, rules and regulations ("Laws"); and (ⅵ) the Affiliate Sites will not contain any harmful, fraudulent, misleading, defamatory or obscene content or infringe or misappropriate any intellectual property rights, rights of privacy or publicity or any other proprietary rights of any third party.
  18. Indemnification. Affiliate hereby agrees to indemnify, defend and hold harmless Houzz Shop, its Affiliates, third party partners and their respective officers, directors, employees, representatives and agents (collectively, the "Indemnified Parties") from and against any and all losses, costs, damages or liabilities, including, without limitation, attorneys’ fees, costs and expenses, as a result of: (ⅰ) any claim or cause of action asserted against an Indemnified Party in connection with the Affiliate Sites (including, without limitation, any claim for infringement or misappropriation of any intellectual property rights, rights of privacy or publicity or any other proprietary rights of any third party); (ⅱ) a breach or alleged breach of Affiliate’s obligations under this Agreement, including without limitation any breach of the Affiliate Guidelines and the representations and warranties set forth in Section 11 (Representations and Warranties); (ⅲ) any misuse or disclosure of User Data or Purchase Data; of (ⅳ) the negligent, willful or reckless acts or omissions, dishonesty or fraud of or by Affiliate, its agents, employees or representatives (collectively, "Claims"). An Indemnified Party will give prompt notice of any Claims to Affiliate. An Indemnified Party may participate in the defense of any Claims by counsel of its own choosing, at its cost and expense. Affiliate will not settle any Claims without the Indemnified Party’s prior written approval not to be unreasonably withheld.
  19. Disclaimer of Warranties. THE HOUZZ PLATFORM, AFFILIATE DASHBOARD AND ALL RELATED FEATURES, PRODUCTS AND SERVICES OF THE HOUZZ ENTITIES ARE PROVIDED "AS IS" AND "AS AVAILABLE". THE HOUZZ ENTITIES DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND GUARANTEES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR ANY PURPOSE. THE HOUZZ ENTITIES MAKE NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE HOUZZ PLATFORM WILL MEET AFFILIATE’S REQUIREMENTS, OR THAT THE HOUZZ PLATFORM WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE. Affiliate may have other statutory rights, in which case the disclaimers above will apply to the full extent permitted by law. Affiliate acknowledges that the Program is offered subject to Houzz Platform user experience considerations, and we reserve the right to change the Houzz Platform, or discontinue the Program, at any time without notice.
  20. Limitation of Liability. THE HOUZZ ENTITIES WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE HOUZZ ENTITIES’ ENTIRE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNT ACTUALLY PAID BY HOUZZ SHOP TO AFFILIATE UNDER THIS AGREEMENT IN THE SIX (6) MONTHS PRECEDING A CLAIM FOR DAMAGES.
  21. Confidential Information. Houzz Shop may provide Affiliate with certain information that is confidential or proprietary ("Confidential Information"). Confidential Information includes, without limitation, all User Data and Purchase Data, whether or not personally-identifiable, and any not previously publicly disclosed information about the Houzz Entities’ businesses, finances, customers, information systems, software or technology. Affiliate will (ⅰ) use Confidential Information solely as necessary to fulfill its obligations under this Agreement and (ⅱ) not disclose Confidential Information to any third parties, other than Affiliate’s employees, agents and advisors with a need to know and for whom Affiliate agrees to remain responsible under this Agreement. Affiliate acknowledges that disclosure of Confidential Information may cause substantial harm for which damages alone may not be a sufficient remedy, and therefore that upon any such disclosure, Houzz Shop will be entitled to seek appropriate equitable relief in addition to whatever other remedies it might have at law. Upon termination of this Agreement for any reason, or upon earlier request by Houzz Shop, Affiliate will promptly destroy or return to Houzz Shop (as specified by Houzz Shop) all copies of Confidential Information. Affiliate expressly agrees that it has no rights to User Data or Purchase data regardless of whether a Buyer was referred to the Houzz Platform through an Affiliate Link, and Affiliate will immediately notify Houzz Shop if it collects or receives any User Data or Purchase Data except to the extent contained in Reporting provided by Houzz Shop, and will immediately return or delete any User Data or Purchase Data upon request by Houzz Shop.
  22. Insurance. Affiliate, at its sole cost and expense, will maintain in effect at all times during the term of this Agreement, sufficient insurance to cover its obligations and liabilities under this Agreement, which in any event will be no less (in type or coverage limits) as required by law or as is common practice in Affiliate’s business; provided however, that the limitations of coverage in Affiliate’s insurance policies will not limit Affiliate’s indemnification obligations under this Agreement. Upon request at any time, Affiliate will provide Houzz Shop with certificates of insurance or evidence of coverage.
  23. Modifications to Agreement. Houzz Shop may modify this Agreement from time to time, with notice given to Affiliate by email sent to the email address provided by Affiliate in its application. Such modifications will become effective within the time period specified by Houzz Shop or, if not specified, within ten (10) days after notice has been given to Affiliate. If Affiliate does not agree to such modifications, Affiliate’s exclusive remedy will be to terminate this Agreement. In any event, Affiliate may be required to click to agree to the modified Agreement in order to continue using the Affiliate Dashboard, and continued use of the Affiliate Dashboard after the modifications take effect constitutes Affiliate’s acceptance of the modifications. No modification of this Agreement by Affiliate will be binding on Houzz Shop unless in a written document signed by Houzz Shop.
  24. General. In this Agreement, "including" (and similar terms) will be construed without limitation and headings are for convenience only. This Agreement will bind and inure to the benefit of each party’s permitted successors and assigns. Affiliate may not assign, transfer or delegate this Agreement (or any part thereof) without Houzz Shop’s prior written consent. Houzz Shop may freely assign, transfer or delegate its rights and obligations under this Agreement. This Agreement will be governed by the laws of the State of California and the United States without regard to conflicts of laws provisions thereof, and without regard to the United Nations Convention on Contracts for the International Sale of Goods. The jurisdiction and venue for actions related to the subject matter hereof will be the California state and United States federal courts located in San Francisco, California, and both parties hereby submit to the personal jurisdiction of such courts. The prevailing party in any action to enforce this Agreement will be entitled to recover its attorneys’ fees and costs in connection with such action. The parties to this Agreement are independent contractors. There is no relationship of partnership, joint venture, employment, franchise or agency created hereby between the parties. Houzz Shop may send notices to Affiliate’s then-current email on file or through the Affiliate Dashboard. All notices to Houzz Shop must be given in writing to Houzz Shop’s address set forth above. All notices are effective upon delivery. This is not an exclusive agreement. This Agreement (including Affiliate Guidelines) constitutes the complete agreement between the parties and supersedes all previous agreements or representations, whether written or oral, with respect to the subject matter set forth in this Agreement; however, this Agreement does not modify any separate agreements between the parties that relate to different subject matter (e.g., the Houzz Terms of Use at www.houzz.com/termsOfUse for general use of the Houzz Platform).
  25. Definitions.
    1. "Affiliate" has the meaning set forth in the introduction to the Agreement.
    2. "Affiliate interface" means the Program interface for Affiliates, currently hosted on impactradius.com.
    3. "Affiliate Guidelines" has the meaning set forth in the introduction to the Agreement.
    4. "Affiliate Links" has the meaning set forth in Section 1
    5. "Affiliate Site" has the meaning set forth in Section 1
    6. "Buyer" has the meaning set forth in Section 3(a).
    7. "User Data" means any information collected by Houzz Entities regarding any user of the Houzz Platform, whether or not personally-identifiable.
    8. "Excluded Purchase" has the meaning set forth in Section 3(c).
    9. "Houzz Entities" means any entity that directly or or indirectly controls, is controlled by, or is under common control with, Houzz Shop
    10. "Houzz Shop Affiliate Program" means the program by which Affiliates may monetize Affiliate Sites by publishing Affiliate Links to the Houzz Platform and and earning Referral Fees for qualifying Purchases.
    11. "Houzz Content" means all content made available to Affiliate by Houzz Shop in connection with the Program, including Product images and descriptions and Houzz banners, logos, and other creative.
    12. "Purchase" has the meaning set forth in Section 3(a).
    13. "Purchase Data" means any information collected or maintained by Houzz Shop regarding Purchases by Buyers.
    14. "Referral Criteria" has the meaning set forth in Section 3(b).
    15. "Referral Fees"
    16. "Reporting"
    17. "Restricted Site" has the meaning set forth in Section 2(d).
    18. "Restricted State" means Arkansas, Connecticut, Georgia, Illinois, Kansas, Louisiana, Maine, Michigan, Minnesota, Missouri, Nevada, New Jersey, North Carolina, Pennsylvania, Rhode Island, Vermont, and Washington.
    19. "Product" has the meaning set forth in Section 1.
    20. "Program" has the meaning set forth in Section 1.
Last updated July 13, 2017
Become a Houzz Affiliate Partner Join Now