OWOX Terms of Affiliate Program
THESE OWOX Terms of the Affiliate Program ("Terms") are valid and effective from the 1st of August 2020.
The Program is initiated by OWOX, Inc. ("OWOX"), registered address: United States 340 S Lemon Ave Ste 2021 Walnut CA 91789, contact email address: email@example.com.
By registering for this Affiliate Program, you ("Affiliate") agree to the Terms entirely. Should you disagree with any of the Terms — you should not register for this Program and participate in it.
If you have any questions about these Terms or Affiliate Program in general — please contact us at firstname.lastname@example.org.
1. The Affiliate Program description
1.1. The Affiliate wishing to participate in the Affiliate program run by OWOX shall register and have a valid account at the platform: http://tapfiliate.com/.
1.2. To participate in the Program, the Affiliate must (i) be at the age of majority in its country of jurisdiction, or the age of 18 or older (whichever is greater) and (ii) have the legal authority to enter into this Agreement and to be bound to the legal obligation set forth herein.
1.3. OWOX provides the Affiliate with the special link to the OWOX website ("Special link"). This Special link sets up a cookie on the person's device once it is followed, provided the cookies are not disabled in the browser settings.
1.4. The Affiliate could use this Special link while promoting OWOX services on the Marketing Data plan.
1.5. If a person purchases OWOX services on the Marketing Data plan within 90 days after creating OWOX BI Project at Affiliate's Special link and having special cookies set on his/her device, the Affiliate is eligible to receive the commission.
1.6. If a commission is disputed among several Affiliates because the person that purchased OWOX services has different cookies set after following Special links from that Affiliates, the only Affiliate whose Special link was followed the latest on the person's device before creating OWOX BI Project shall be eligible to receive the commission.
2. Commission payment
2.1. The commission is a one-time commission in the amount available at the Affiliate's account at the platform: http://tapfiliate.com/. The commission is calculated for successful purchases. Purchases that result in chargebacks or refunds will be void.
The commission is paid monthly using methods of payment, available at the Affiliate's account at the platform: http://tapfiliate.com/. The currency of the payment is US dollars.
2.2. Every Party will be responsible for any and all charges, fees, taxes, exchange rates, surcharges, and other expenses on its own. In the event that taxes must be withheld from payments to Affiliate, OWOX will withdraw the applicable taxes from the commission.
2.3. OWOX may contact Affiliate before the commission is paid if OWOX needs additional information to make the payment or about Affiliate's tax status. OWOX may postpone payment of the commission until Affiliate provides the necessary information.
2.4. The commission is paid when the amount of the commission reaches 100 US dollars. If the amount of the commission does not reach 100 US dollars in the particular month, OWOX will transfer the commission to the next month or until the commission reaches 100 US dollars.
2.5. The Affiliate won't be entitled to the commission, and OWOX reserves the right to block Affiliate's account if the Affiliate is in breach of its obligations described in these Terms, especially in clause 3.
2.6. Affiliate agrees that the amount of the commission constitutes adequate compensation for the Affiliate's activities and that Affiliate does not need any reimbursement of its expenses or any other compensation.
3. Affiliate's rights and obligations
3.1. The following activities are forbidden while promoting OWOX's services:
3.1.1. Run advertisements with the keywords containing the words: OWOX, OWOX BI, Pipeline, Promo-Code, and their equivalent or transcription in different languages or variations or misspellings thereof.
3.1.2. Communicate on behalf of OWOX.
3.1.3. Use the names of OWOX's competitors in the text/visuals of advertisement.
3.1.4. Create branded groups with the name OWOX ( transcription) in advertising networks.
3.1.5. Attract clickunder, popunder, traffic from teaser networks, motivated traffic, brokerage traffic.
3.1.6. Use spam methods to attract users.
3.2. No purchase for personal purposes. Affiliate shall not use its own Special Link to purchase OWOX's services for the usage of his/her own or family or the company he/she works for. Affiliate will not receive a commission on any purchases made by himself/herself for his/her own use, his/her immediate family members, or the company he/she works for.
3.3. Affiliate has the right to promote OWOX's services through the following methods:
3.3.1. Publication of the Special Link on the Affiliate's website and/or blog, Affiliate's social network accounts, groups.
3.3.2. Emailing a Special Link.
3.3.3. Publication of a video/podcast with the Special Link in the description.
3.3.4. Any other methods, provided they are not forbidden by these Terms or applicable legislation.
3.4. OWOX reserves the right, at any time, to review how Affiliate places Special link, and require that Affiliate changes the placement of Special links or complies with these Terms. Failure to make the required changes within a reasonable time (no longer than 30 days) constitutes a material breach of these Terms.
3.5. The Affiliate is solely responsible for the maintenance and information updates on its promotional materials and websites.
3.6. It is the Affiliate's sole responsibility to follow all applicable laws, regulations, government decrees, authorities' decisions, and the like that relate to the Affiliate website or any promotional materials. Affiliate undertakes to provide to data subjects any information required in the applicable data protection legislation wherever Affiliate processes personal data. The Affiliate shall especially provide information to the data subjects on how to exercise their rights under the applicable data protection legislation.
4. Logos usage
4.1. Solely in connection with participation in this Affiliate program and use of Special links, OWOX grants to Affiliate a non-exclusive, non-transferable, revocable right to use OWOX trademarks and similar identifying material (collectively, the "Licensed Materials") that OWOX provides to Affiliate or authorizes for such purpose. Affiliate is only entitled to use the Licensed Materials to the extent that he or she is an active member of the Affiliate Program.
4.2. Each Party agrees not to use the other's intellectual property in any manner that is disparaging, misleading, obscene, or that otherwise portrays the Party in any negative light.
4.3. Other than the license granted in these Terms, each Party retains all right, title, and interest to its respective rights, and no right, title, or interest is transferred to the other.
5. Limitation of Liability
5.1. To the extent permitted by law, OWOX will not be liable to Affiliate with respect to any subject matter of these 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).
5.2. Notwithstanding anything to the contrary contained in these Terms, in no event shall OWOX's cumulative liability to Affiliate arising out of or related to these Terms, whether based in contract, negligence, strict liability, tort or other legal or equitable theory, exceed the annual amount of the commission paid or payable to Affiliate under these Terms.
6.1. Either the Affiliate or OWOX may end these Terms at any time, with or without cause, by giving the other Party email notice.
6.2. If these Terms are terminated by either Party in accordance with section 4.1, 3.11, or 4.3, OWOX shall not be liable to pay any commission to Affiliate after the termination of these Terms.
6.3. These Terms will terminate immediately without notice upon any material breach of the Terms by the Affiliate. In this case, any Affiliate's commission accrued during the material breach of the Terms will be canceled.
7.1. OWOX may, at its sole discretion, change or modify these Terms by giving a prior email notice to you.
7.2. If any modification is unacceptable to Affiliate, Affiliate shall terminate his/her participation in the Affiliate Program by closing his/her account.
7.3. Continued participation in the Affiliate Program will indicate the Affiliate's acceptance of the changes and adherence to any modified Terms.
8. Law and Jurisdiction
8.1. Law. These Terms will be governed by and construed in accordance with the laws of California, without regard to its conflict-of-laws principles.
8.2. Jurisdiction. All disputes arising out of or in connection with these Terms (including a dispute regarding the existence, validity or termination of these Terms) shall be referred to be exclusively resolved by the courts of Los Angeles County California USA, and both Parties hereby consent to such jurisdiction for this purpose.
8.3. Export. The Services provision is governed by all applicable export and re-export control laws and regulations, including (i) the Export Administration Regulations ("EAR") maintained by the U.S. Department of Commerce; (ii) trade and economic sanctions maintained by the U.S. Treasury Department's Office of Foreign Assets Control; and (iii) the International Traffic in Arms Regulations ("ITAR") maintained by the U.S. Department of State.
9. Independent contractors
9.1. Affiliate is an independent contractor, and as such, nothing in these Terms will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between Affiliate and OWOX. Affiliate will have no authority to make or accept any offers or representations on OWOX's behalf. OWOX will not make any statement, whether on the website or otherwise, that reasonably would contradict anything in this clause.
10.1. Neither Party may assign its rights or obligations under these Terms to any third party, except to a party who obtains all or substantially all of the business or assets of a party to these Terms.
11. Entire final agreement
11.1. These Terms represent the entire agreement between OWOX and Affiliate and shall supersede all prior agreements and communications of the parties, oral or written.
12.1. If any provision of these 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 parties is effectuated, and the remainder of these Terms shall have full force and effect.
If these Terms are translated to any other language, and there are discrepancies between the English version and the translated version, the English version of the Terms shall prevail.