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AFFILIATE TERMS OF SERVICE (TOS)

AGREEMENT:

By signing up for the OmniShaver Affiliate Program (“Program”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

OmniShaver reserves the right to update and change the Terms of Service from time to time without notice. Continued use of the Program after any such changes shall constitute your consent to such changes.

We have the right to terminate an Account for any reason we see fit at any time. Violation of any of the terms below will result in the termination of your Account and forfeiture of any outstanding affiliate commission payments earned during the violation. You agree to use the Affiliate Program at your own risk.

REQUIREMENTS FOR ACCEPTANCE:

  • Member must live in the United States or Canada.
  • Member must be an actual human. Members registered by "bots" or other automated methods are not permitted.
  • Member must provide their legal name, a valid email address, and any other information requested during the signup process.
  • Member’s login may only be used by one person. A single Member account being shared by multiple people is not permitted.
  • Member must operate a website and or social media page(s) in the United States or Canada.
  • Member must have an established website and/or social media following over 1,000 followers.
  • No coupon or offer sites are permitted. Members found to be sharing their code with a coupon or offer site will be removed from Program.
  • Member is responsible for maintaining the security of their Program login and password. Company is not be liable for any loss or damage from Member’s failure to comply.
  • One person or legal entity may not maintain more than one account.
  • Members may not use the Program for any illegal or unauthorized purpose. Members must not, by use of this Program, violate any laws of their jurisdiction (including, but not limited to, copyright laws).
  • Member may not use the Program to earn money on their own product accounts.

ENROLLMENT:

Company will notify enrollees whether or not their application has been approved. Please allow up to 3 weeks for Company’s review process. Company reserves the right to reject any application.

IDENTIFYING YOURSELF AS AN OMNISHAVER AFFILIATE

Members may not issue any press release with respect to this Program or their participation in the same. In addition, Members may not, in any manner, misrepresent or embellish the relationship between Company and Member. This includes, by is not limited to, suggestions that the Member develops Company’s products, is part of Company, or that Company supports, sponsors, or endorses Member. Member may not purchase products through their affiliate links for their own use. Such purchases may result (in Company’s sole discretion) in the withholding of referral fees and/or the termination of this Agreement.

WEBSITE RESTRICTIONS:

Member’s participating website(s) may not:

  • Infringe on Company’s or any anyone else’s intellectual property, publicity, privacy or other rights.
  • Violate any law, rule or regulation.
  • Contain any content that is defamatory, obscene, threatening, harassing, harmful to minors, or contains nudity, pornography or sexually explicit materials.
  • 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.
  • 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.

LINKING TO OUR WEBSITE:

  • Member's 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.
  • Member's 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).
  • 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.

PPC (Pay Per Click, ie: Google Adwords etc) GUIDELINES:

If you are enrolled in our Program and participate in PPC advertising, you must adhere to our PPC guidelines as follows:

  • Member may not bid on any of our *trademarked terms (which are identified below), including any variations or misspellings thereof for search or content-based campaigns on Google, MSN, Yahoo, Facebook or any other network.
  • Member may not use our trademarked terms in sequence with any other keyword (example: OmniShaver Coupons).
  • Member may not use our trademarked terms in your ad title, ad copy, display name or as the display url.
  • Member 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.
  • 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.

*TRADEMARK TERMS: OmniShaver

COUPON GUIDELINE:

  • Member may not use a coupon or offer sites to promote our program.
  • Member may not submit your affiliate code to any coupon sites.
  • Any transaction coming from a coupon or offer site will be reversed.
  • Member may ONLY advertise coupon/discount codes that are provided exclusively to you through the affiliate program.

DOMAIN NAMES:

Use of any of our trademarked terms as part of the domain or sub-domain for your website is strictly prohibited i.e. omnishaver.website.com or www.omnishaver-discounts.com

SOCIAL MEDIA:

Use of Company’s trademarked terms as part of Member’s social handle is strictly prohibited( i.e. facebook.com/OmniShaver-Coupons).

EMAIL:

If Member intends to promote Program via e-mail campaigns, Member must adhere to the following guidelines:

  • Abide by the CAN-SPAM Act of 2003 (Public Law No. 108-187) with respect to our Program.
  • E-mail must be sent on your behalf and must not imply that the e-mail is being sent on behalf of OmniShaver.

PAYMENT SCHEDULE

As long as their affiliate earnings are over $20, Member will be paid on the first day of each month. If earnings are less than $20, Member will be paid on the first day of the month following the day that threshold is met. All payments are made via PayPal. Therefore, Members must have PayPal accounts. Member is, liable for any fees charged by the payment service. Affiliate payments begin once Member has earned more than $20 in affiliate income. If Member’s affiliate account never crosses the $20 threshold, the commissions will not be paid monthly. Company is only responsible for paying accounts that have crossed these thresholds.

CUSTOMER DEFINITION:
Customers who buy products through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that you have listed on your site, you should not display product prices on your site. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.

REFERRAL FEES/COMMISSIONS AND PAYMENT:

For a Product sale to be eligible to earn a referral fee, the customer must click-through a Special Link from your site, email, or other communications to http://omnishaver.com and complete an order for a product during that session.

Company will only pay commissions on links that are automatically tracked and reported by our systems. We will not pay commissions if someone says they purchased or someone says they entered a referral code if it was not tracked by our system. We can only pay commissions on business generated through properly formatted special links and special coupon codes that were automatically tracked by our systems.

Company reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.

MEMBER RESPONSIBILITIES:
Member will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:

  • The technical operation of your site and all related equipment
  • Ensuring the display of Special Links on your site does not violate any agreement between you and any third party (including without limitation any restrictions or requirements placed on you by a third party that hosts your site)
  • The accuracy, truth, and appropriateness of materials posted on your site (including, among other things, all Product-related materials and any information you include within or associate with Special Links)
  • Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
  • Ensuring that materials posted on your site are not libelous or otherwise illegal
  • Ensuring that your site accurately and adequately discloses, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors' browsers.


COMPLIANCE WITH LAWS:
As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.

TERMS OF THE AGREEMENT AND LAWS:
This Agreement will begin upon Company’s acceptance of your application and will end when terminated by either party. Company reserves the right to refuse service to anyone for any reason at any time. Either Member or Company may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon termination of this Agreement for any reason, Member will immediately cease use of, and remove from your site, all links to Company’s website and all references to Company including trademarks, trade dress, logos, and all other materials provided by or on behalf of Company pursuant to, or in connection with, the Program. Company reserves the right to end the Program at any time. Upon termination, Company will pay any outstanding earnings acrued above $20.

TERMINATION:
Company, in its sole discretion, has the right to suspend or terminate Member’s account and refuse any and all current or future use of the Program, or any other Company service, for any reason at any time. Termination will result in the deactivation or deletion of Member’s account and access to its account. Any commissions earned through fraudulent, illegal, overly aggressive, or questionable sales or marketing methods will be forfeited by Member.

RELATIONSHIP OF PARTIES:
Company and Member are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. Member has no authority to make or accept any offers or representations on Company’s behalf. Member will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Agreement.

LIMITATIONS OF LIABILITY:
Company is not liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if Company was advised of the possibility of such damages. Further, Company’s aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to Member under this Agreement.

DISCLAIMERS:
Company makeS no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchant-ability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, Company makes no representation that the operation of the OmniShaver will be uninterrupted or error-free, and will not be liable for the consequences of any interruptions or errors.

INDEPENDENT INVESTIGATIONS:
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT COMPANY MAY, AT ANY TIME, (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

ARBITRATION
Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us, or any of our affiliates, shall be submitted to confidential arbitration, except that, to the extent Member has violated, or threatened to violate, Company’s intellectual property rights, Company may seek injunctive or other appropriate relief in any state or federal court (and Member consents to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration of Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.


MISCELLANEOUS:
This Agreement will be governed by the laws of The United States, without reference to rules governing choice of laws. Member may not assign this Agreement, by operation of law or otherwise, without the prior written consent of Company. Subject to that restriction, Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Company’s failure to enforce Member’s strict performance of any provision of Agreement will not constitute a waiver of Company’s right to subsequently enforce such provision or any other provision of Agreement.
Company’s failure to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. This Agreement constitutes the entire agreement between you and Company and any changes to said Agreement must be in writing and signed by both parties.

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