Updated November 29, 2023

Terms and Conditions are subject to change at any time. Please contact envoyatHome for the most current agreement.

Affiliate Program – Terms and Conditions 

By registering as an affiliate in the envoyatHome Affiliate Program (the “Program”) you agree to the following terms and conditions (the “Terms”). Please ensure to read them carefully before registering. These Terms are a legal agreement between envoyatHome, Inc. (“envoyatHome” or “Company”), a Delaware Corporation, and You (the “Affiliate”, “you”). By participating in the Program you confirm you have read the agreement and agree to the terms and conditions.

Please read the entire Agreement carefully before registering and promoting envoyatHome as an Affiliate. Your participation in the Program is solely to legally advertise our product, services, and/or website to receive an Affiliate Fee on subscriptions purchased by individuals referred to envoyatHome by you, your own website, or your marketing activities.

Application and Account Registration

We reserve the right to approve or reject ANY Affiliate Program Application at our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Affiliate Program Application.

• Application to the Program is through Account Registration.  You must provide your legal full name, a valid email address, and any other information requested in order to complete the registration process for an Affiliate account (“account”)
• You must be 18 years of age or older to join this Program.
• Each account is for use by either a single legal entity (e.g. a company or a partnership) or an individual user. Responsibility for the security of any user names and passwords issued rests with you.
• You may not use the Program for any illegal or unauthorized purpose. You must not, in the use of the Program, violate any laws (including but not limited to copyright laws, licensing laws, or trademark laws).
• This Agreement prohibits the resale or other commercial distribution of envoyatHome. Unauthorized transfer, resale, distribution, or commercial use of an envoyatHome subscription will result in termination of the Affiliate with accrued Affiliate Fees forfeited and no Affiliate Fees paid.
• Authorized Resellers of envoyatHome cannot earn both an affiliate fee and a discount for services for the same Customer or Customer transaction.

Customer Definition

Every individual or entity who purchases an envoyatHome subscription is deemed a Customer of envoyatHome. Accordingly, envoyatHome’s rules, policies, and operating procedures concerning pricing, customer orders, customer service, licensing, purchase terms, envoyatHome Services Agreement Terms, and services sales will apply to those customers. envoyatHome may change our terms, policies, and/or operating procedures at any time and with no notice to you. envoyatHome is not responsible for any representations made by the Affiliate that contradict our rules, policies, licenses, terms, and/or operating procedures.

Affiliate and its customer-facing employees, agents, independent contractors and other representatives, when representing a Customer or a Customer’s interests regarding any matter or transaction with envoyatHome, including but not limited to representations facilitated on envoyatHome’s online order portal, via phone to envoyatHome, or via email to envoyatHome, warrant that they have full authorization from the Customer for this representation and they warrant Customer has agreed to envoyatHome’s Purchase Terms and Conditions.

A referral to a consumer end user is valid in our system for 60 days. This is called the cookie period. When a referral becomes a Customer by purchasing a subscription within the 60 day cookie period, the referring Affiliate will have earned the Affiliate Fee.

Affiliate Payments

Except in jurisdictions in which payment of Affiliate Fees is not permitted, and/or where we have not accepted your Application to be an Affiliate, and/or where we have terminated your Affiliate agreement, and/or where you have violated these Affiliate Terms, you will be eligible to earn Affiliate Fees as set forth below:

(a) What Sales Qualify for Affiliate Fees:

(i) We will pay Affiliate referral fees for referred customer transactions on links that are automatically tracked and reported by our systems. For our systems to track your referral, the website visitor must have cookies enabled in their browser.

(ii) Affiliate Fees will be paid on sales that are made when you or your end user customer uses the qualified, correctly structured Affiliate links and/or Referral Codes. Properly coded links are the sole responsibility of the Affiliate. There will be no retroactive Affiliate Fee payment owed or made for incorrect links or referral codes.

(iii) Affiliate must be a Program participant in good standing at the time of customer order for Affiliate Fees to be accrued or paid.

(iv) Customer must be a subscriber for 3 months for the Affiliate to earn Affiliate Fees. If a customer cancels within the first 3 months of service, no Affiliate Fee is accrued, owed, or paid.

(v) A subscription is sold to a Customer who has never been an envoyatHome subscriber and includes both a new equipment package and a subscription for a new care recipient. (vi) Affiliate is not a paid employee, agent, representative, contractor, consultant or otherwise receives compensation of any kind from the referred Customer.

(b) Sales that DO NOT qualify for Affiliate Fees:

(i) We will not pay an Affiliate Fee where a Customer or the Affiliate on behalf of the Customer retroactively claims they signed up through the Affiliate but no link or code was tracked by our system.

(ii) We will not pay an Affiliate Fee where the Customer or the Affiliate on behalf of the Customer signs up for the envoyatHome Subscription using a false and/or fraudulent and/or unaccepted means of payment regardless of when the fraud occurred or was detected.

(iii) You cannot refer yourself or a member of your family to receive an Affiliate Fee on your own or a family member’s envoyatHome subscription. envoyatHome uses the Stark Law definition of “family member.”

(iv) We will not pay more than one Affiliate Fee per Subscriber regardless of how many times the Customer subscribes for the same Care Recipient.

(v) If you own or have an interest in multiple businesses, you can earn only one referral fee per Care Recipient.

(vi) Authorized Resellers of envoyatHome cannot earn both an affiliate fee and a discount for services for the same Customer.

(c) What is the Affiliate Fee?  

Consumer Customer or End User Customer Purchases	Affiliate Fee Paid to Affiliate
Standard Equipment Package (one-time fee)	25% of Net to envoyatHome
Monthly Subscription Fee (monthly)	25% of Net to envoyatHome
Additional Equipment, Other Services	No referral fee
The referred Customer must purchase within 60 days of referral

envoyatHome prices are subject to change at any time without notice. The fee % is subject to change at any time. At any time and at its own discretion and without notice to Affiliate, envoyatHome may choose to offer to customers discounts, promotional pricing, special program pricing, refunds, rebates, free subscriptions, or other pricing actions that may affect the net price paid to envoyatHome and resulting Affiliate Fees to Affiliate.

(d) When the Affiliate Fee is paid:

(i) The Affiliate Fee will be credited to your Affiliate account once the Customer subscribes, maintains, and pays their subscription balance in full for the first three (3) consecutive months after the subscription is initiated. If the Customer cancels their subscription within the first 3 months of service, no Affiliate Fee is owed or paid.

(ii) envoyatHome will make payments to Affiliate on the last day of the month following the end of each quarter (end of quarter March – paid end of April, end of quarter June – paid end of July, end of quarter September- paid end of October, and end of quarter December – paid end of January. Payments will be paid out electronically.

(iii) Customers and Affiliate Fees can be viewed on the Affiliate Dashboard in the Affiliate registration and tracking system.

(iv)  Affiliate payments are subject to envoyatHome’s receipt of a W-9.

(e) Other Affiliate Responsibilities. Affiliates are solely responsible for any and all government-imposed taxes and levies, and any and all fees charged by the Affiliate’s bank or other financial institution, in connection with or because of the Affiliate’s receipt of Affiliate Fee payments.

(f) Subscriber Refunds. In the event a Customer receives a refund for any paid transaction within the subscription period, future affiliate fee payments will be adjusted to reflect the new net to envoyatHome basis. No Affiliate can earn a second affiliate fee for a customer who cancels a subscription then renews for the same care recipient or equipment package.

(g) Affiliate Fees are paid to Affiliate only if Customer payment is received by envoyatHome. No Affiliate Fee will be paid where a Subscription was purchased fraudulently or using a false and/or fraudulent and/or unaccepted means of payment regardless of when the fraud occurred or was detected. In the event a payment processor or credit card company ceases payments to envoyatHome or claws back prior payments to envoyatHome, Affiliate Fees will be adjusted to reflect the adjusted net to envoyatHome basis in the next Affiliate Fee payment. If a Customer receives either a partial or full refund for a Subscription upon which an Affiliate Fee has already been paid, the Affiliate Fee will be adjusted to reflect the adjusted net to envoyatHome in the next scheduled payment.

(h) Gaming the affiliate fee system will result in immediate termination from the program with any affiliate fees accrued forfeited. Any attempt to fraudulently collect affiliate fees by encouraging, manipulating, and/or influencing a customer’s unauthorized subscription or payment status, or redeployment of an equipment package to a new care recipient or any other nefarious method of collecting affiliate fees will result in the Affiliate’s immediate and permanent termination from the program with no further affiliate fees paid and any affiliate fees accrued forfeited. This determination will be made at envoyatHome’s sole discretion with no Affiliate recourse allowed.

(i) Affiliate Fees for a subscription terminate upon cancellation of that subscription. No affiliate fee is paid for any month where the customer puts their subscription on hiatus, i.e. the customer temporarily or permanently ceases to pay for monthly services. If a customer reactivates their monthly service payments, affiliate fees will reactivate in kind. Affiliate fees are only owed for months where payment is made to envoyatHome by the customer.

Usage and Obligations

Affiliates are permitted to use the envoyatHome brand and marketing resources available in the Affiliates section of the envoyatHome portal or assets directly provided by envoyatHome. Logos and other assets cannot be modified without review and the written consent of envoyatHome. The Affiliate does not gain any trademark, copyright or any other rights to these materials or including but not limited to the logos, content, taglines, images, media, videos, advertising messages, or company specific information. If an Affiliate is terminated or withdraws from the Program, all rights to use the brand and materials noted above are immediately canceled.

The Affiliate will never imply that they are acting on behalf of envoyatHome and will never advertise envoyatHome products in a way that misrepresents their relationship with envoyatHome. The Affiliate will never bid for advertisements or compete with envoyatHome while a member of the program.

The Affiliate will never represent envoyatHome or their relationship with envoyatHome in a false, misleading, or disparaging way.

The Affiliate will not engage in the distribution of an unsolicited bulk email (spam) mentioning, referencing, and/or or using envoyatHome branded logos, materials, slogans, taglines, or other identifying features.

Termination

Your affiliate application and status in the Program may be suspended or terminated for violations, inappropriate, or fraudulent acts including but not limited to:

• Inappropriate advertisements (false claims, misleading hyperlinks, etc.).
• Spamming (mass email, mass newsgroup posting, etc.).
• Use of the envoyatHome relationship for political purposes.
• Advertising, promotion, or placement of the envoyatHome brand on sites, either directly or indirectly, containing or promoting illegal, offensive, or inappropriate images, messages, suggestions, or activities as generally accepted or as determined in envoyatHome’s sole discretion.
• Failure to disclose the affiliate relationship for any promotion that qualifies as an endorsement under existing Federal Trade Commission guidelines and regulations, or any applicable state laws.
• Violation of intellectual property rights. envoyatHome reserves the right to require license agreements from those who employ trademarks of envoyatHome in order to protect our intellectual property rights.
• Modifying, editing, or changing any envoyatHome marketing asset without envoyatHome’s review and written approval of the result.
• Offering rebates, coupons, or other form of promised kickbacks from your Affiliate Fee as an incentive. Adding bonuses or bundling other products with envoyatHome, however, is acceptable.
• Self-referrals, fraudulent transactions, attempts to game the Affiliate Fee system, or suspected Affiliate fraud.
• Using, displaying, or promoting the envoyatHome brand or product in any form directly or implied on any website, platform, publication, marketplace, outlet or forum public or private that promotes or supports, indirectly or directly, anything that may disparage or compromise the envoyatHome brand is prohibited. This determination is made at envoyatHome’s sole discretion and will result in immediate termination of the Affiliate and forfeiture of any Affiliate Fees accrued.
• Gaming the system to create both a reseller and affiliate relationship with the same Customer at the same time by reselling a subscription to a customer and creating an affiliate tracking of that customer to collect both a discount on the resale and a referral fee on the referral.
• Referrals between multiple entities that you own, of which you maintain partial ownership, interests, or relationships of any kind, or those of a family member. This includes franchisor/franchisee relationships.
• Redirecting envoyatHome Customers and potential customers to an envoyatHome competitor while an envoyatHome Affiliate.

In addition to the foregoing, envoyatHome reserves the right to terminate any Affiliate account at any time, for any violations of this Agreement or for no reason. Notification of Termination will be sent to the email address on file.

If envoyatHome chooses to terminate the agreement for violations included but not limited to those listed above, accrued affiliate fee balances and any future affiliate fees are forfeited regardless of the transaction by which they were generated.

If envoyatHome chooses to terminate the agreement for reasons other than those outlined in Termination above, any accrued balance greater than $25 USD will be paid to the Affiliate within 90 days of termination and no additional referral fees will be earned beyond the termination date. Balances that are smaller than $25 will be forfeited..

If the Affiliate terminates the agreement, no further affiliate fees from envoyatHome will be accrued, owed, or paid for any past, current, or future customer transactions beyond the termination date. Notification of Termination by an Affiliate should be sent to affiliate-program@envoyathome.com

Affiliate Links

You may use graphic, QR Codes, and text links on your website and within in your email messages. You may also advertise the envoyatHome site in online and offline classified ads, magazines, and newspapers. envoyatHome logos cannot be edited or changed.

Pay Per Click (PPC) Policy

PPC bidding is NOT allowed.

Warranty Disclaimer

We make no express or implied representations or warranties regarding company services. Any implied warranties of merchantability, fitness for a particular purpose, accuracy, reliability, and non-infringement are expressly disclaimed and excluded. In addition, we make no representation that the operation of our website will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

Neither envoyatHome nor any person on envoyatHome’s behalf has made or makes for Affiliate’s benefit any express or implied representation or warranty whatsoever, including any warranties of: (i) merchantability; (ii) fitness for a particular purpose; (iii) title; or (iv) non-infringement; whether arising by law, course of dealing, course of performance, usage of trade or otherwise, all of which are expressly disclaimed. Affiliate acknowledges that it has not relied on any representation or warranty made by envoyatHome, or any other person on envoyatHome’s behalf.

COMPLIANCE WITH LAWS

Affiliate shall at all times comply with all federal, state and local laws, ordinances, regulations and orders that are applicable to the operation of its business, and this Agreement and its performance hereunder. Without limiting the generality of the foregoing, Affiliate shall at all times, at its own expense, obtain and maintain all certifications, credentials, authorizations, licenses, insurance, and permits necessary to conduct its business relating to the exercise of its rights and the performance of its obligations under this Agreement.

Limitations of Liability

We will not be liable to you with respect to any subject matter of these affiliate terms 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 you have been advised of the possibility of such damages.

In no event:

Is envoyatHome or any envoyatHome representative liable for consequential, indirect, incidental, special, exemplary, punitive, or enhanced damages, lost profits or revenues, or diminution in value, arising out of or relating to any breach of this agreement, regardless of: 

Whether the damages were foreseeable;

Whether or not envoyatHome was advised of the possibility of the damages; and 

The legal or equitable theory (contract, tort, or otherwise) on which the claim is based.

Shall envoyatHome’s aggregate liability arising out of or related to this agreement, whether arising out of or related to breach of contract, tort (including negligence), or otherwise, exceed the net subscription revenue to envoyatHome of Customers referred by Affiliate under this agreement in the twelve (12) month period preceding the event giving rise to the claim or $100.00, whichever is less. 

The foregoing limitations apply even if the Affiliate’s remedies under this agreement fail of their essential purpose. 

Indemnification

Subject to the terms and conditions of this Agreement, Affiliate shall indemnify, hold harmless, and defend envoyatHome and its parent, officers, directors, partners, members, shareholders, employees, agents, associates, successors, and permitted assigns (collectively, the “Indemnified Parties“) against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, fees, and the costs of enforcing any right to indemnification under this Agreement and the cost of pursuing any insurance providers, relating to any claim of a third party or envoyatHome arising out of or occurring in connection with:

1. Affiliate’s acts or omissions as referral agent of the Products, including breach of this Agreement;
2. Affiliate’s advertising or representations, whether orally or in writing, that warrant performance of the Products beyond or in any way different than the written product guidelines and marketing materials expressly provided or otherwise approved in writing by envoyatHome;
3. any failure by Affiliate or its personnel (including its independent contractors) to comply with any applicable Laws; or
4. allegations that Affiliate breached its agreement with a third party as a result of or in connection with entering into, performing under or terminating this Agreement.

Modification

We may modify any of the terms and conditions within this Agreement at any time and at our sole discretion. These modifications may include, but not limited to changes in the scope of available fees, fee schedules, payment procedures, and Affiliate Program rules.

Term of the Agreement

The term of this Agreement begins upon your acceptance in the Program and will end when your Affiliate account is terminated either by envoyatHome or you.

The terms and conditions of this agreement may be modified by envoyatHome at any time. If any modification to the terms and conditions of this Agreement are unacceptable to you, your only choice is to terminate your Affiliate account. Your continuing participation in the Program will constitute your acceptance of any change.

Non-Disparagement

You shall not at any time during the term of this Agreement or subsequent thereto or at any time, whether or not the business relationship is in force or terminated, disparage in any way the Company, the Company’s employees, directors, products, customers, users, partners, the Program or services.

CONFIDENTIAL INFORMATION

All non-public, confidential or proprietary information of envoyatHome, including, but not limited to training materials, specifications, samples, patterns, designs, plans, drawings, documents, data, business operations, customer lists, pricing, discounts or rebates, disclosed by envoyatHome to Affiliate, whether disclosed orally or disclosed or accessed in written, electronic or other form or media, and whether or not marked, designated or otherwise identified as “confidential,” in connection with this Agreement is confidential, solely for the use of performing this Agreement and may not be disclosed or copied unless authorized by envoyatHome in writing. Upon envoyatHome’s request, Affiliate shall promptly return all documents and other materials received from envoyatHome. envoyatHome shall be entitled to injunctive relief for any violation of this Section. This Section shall not apply to information that is:

1. in the public domain; 
2. known to Affiliate at the time of disclosure as reasonably demonstrated by Affiliate’s contemporaneous written records; or 
3. rightfully obtained by Affiliate on a non-confidential basis from a third party without any confidentiality obligation to envoyatHome.

Miscellaneous

(a) You, the Affiliate, represent and warrant to Us that:
(i) These Affiliate Terms constitute Your legal, valid, and binding obligation, enforceable against You in accordance with the terms and conditions set-forth herein;
(ii) You have the full right, power, and authority to accept and be bound by these Affiliate Terms and to perform Your obligations under these Affiliate Terms, without the approval or consent of any other party;
(iii) You have sufficient right, title, and interest in and to the rights granted to Us in these Affiliate Terms; and,
(iv) YOU HAVE READ AND TAKEN INTO ACCOUNT THE LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER PROVISIONS OF THESE AFFILIATE TERMS PRIOR TO ACCEPTING THESE AFFILIATE TERMS.
(b) Independent Contractors. You are deemed to be an independent contractor with respect to the subject matter of these Affiliate Terms, and nothing contained in these Affiliate Terms shall be deemed or construed in any manner as creating any partnership, joint venture, employment, agency, fiduciary, or other similar relationship. You will not make any statement, whether on your site or otherwise, that contradicts or may contract anything in this paragraph.
(c) Assignability. You may not assign Your rights or obligations under these Affiliate Terms to any party, and any attempt to do so will be void and without effect. We are free to assign these Affiliate Terms.
(d) Governing Laws. This Agreement, including all exhibits, schedules, attachments and appendices attached to this Agreement and thereto, and all matters arising out of or relating to this Agreement, are governed by, and construed in accordance with, the laws of the State of New Jersey, United States of America, without regard to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of New Jersey.
(e) You may not amend or waive any provision of these Affiliate Terms unless in writing and signed by both of us.
(f) Entire Agreement. These Affiliate Terms represent the entire agreement between Us and You and shall supersede all prior agreements and communications between us, oral or written in matters concerning the Affiliate’s participation in the Program.
(g) Headings and Titles. The headings and titles contained in these Affiliate Terms are included for convenience only, and shall not limit or otherwise affect the terms herein.
(h) Severability. If any provision of these Affiliate Terms is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the both of us is effectuated, and the remainder of these Affiliate Terms shall have full force and effect.
(i) Force Majeure. No Party shall be liable or responsible to the other Party, or be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts beyond the impacted Party’s (“Impacted Party”) reasonable control, including, without limitation, the following force majeure events (“Force Majeure Event(s)”): (a) acts of God; (b) flood, fire, earthquake, epidemic or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of this Agreement; and (f) national or regional emergency. The Impacted Party shall give notice within three (3) days of the Force Majeure Event to the other Party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party’s failure or delay remains uncured for a period of thirty (30) consecutive days following written notice given by it under this Section 31, the other Party may thereafter terminate this Agreement upon ten (10) days’ written notice.
(j) Choice of Forum. Each Party irrevocably and unconditionally agrees that it will not commence any action, litigation, or proceeding of any kind whatsoever against the other Party in any way arising from or relating to this Agreement, including all exhibits, schedules, attachments, and appendices attached to this Agreement, and all contemplated transactions, including contract, equity, tort, fraud and statutory claims, in any forum other than the United States District Court for the District of New Jersey or, if such court does not have subject matter jurisdiction, the courts of the State of New Jersey, and any appellate court from any thereof. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of such courts. Each Party agrees that a final judgment in any such action, litigation, or proceeding is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law