This Affiliate Terms provided by oneteamstore.com is a legal document between you and the Company that describes the affiliate relationship we are entering into. This Terms covers your responsibilities as an affiliate and our responsibilities to you. Please ensure you read and understand the entirely of this terms because it is important to our working relationship.
SECTION 1 - DEFINITIONS
The parties referred to in this terms shall be defined as follows:
a. Company, Us, We: As we describe above, we'll be referred to as the Company. Us, we, our, ours and other first-person pronouns will also refer to the Company, as well as all employees or legal agents of the Company.
b. You, the Affiliate: You will be referred to as the "Affiliate." You'll also be referred to throughout this terms with second-person pronouns such as You, Your, or Yours.
c. Parties: Collectively, the parties to this terms (the Company and You) will be referred to as "Parties" or individually as "Party."
d. Affiliate Program: The program we've set up for our affiliates as described in this terms.
e. Affiliate Application: The fully completed form which must be provided to us for consideration of your inclusion in the Affiliate Program.
f. Website: The primary website we've noted above will be referred to as Website.
SECTION 2 - ASSENT & ACCEPTANCE
By submitting an application to our Affiliate Program, you warrant that you have read and reviewed this terms and that you agree to be bound by it. If you do not agree to be bound by this terms, please leave the website immediately and do not submit an application to our Affiliate Program. This terms specifically incorporates by reference any Terms of Conditions, Privacy Policies, End-User License Agreements, or other legal documents which we may have on our website.
SECTION 3 - AGE RESTRICTION
You must be at least 18 (eighteen) years of age to join our Affiliate Program or use this Website. By submitting an application to our Affiliate Program, you represent and warrant that you are at least 18 years of age and may legally agree to this terms. The Company assumes no responsibility or liability for any misrepresentation of your age.
SECTION 4 - PROGRAM SIGN-UP
In order to sign up for our Affiliate Program, you will first need to register as our member either as normal "User" or as "Agent"
Submitting an Affiliate Application does not guarantee inclusion in the Affiliate Program. We evaluate each and every application and are the sole and exclusive decision-makers on Affiliate acceptance. If we choose not to allow your inclusion in the Affiliate Program, we will attempt to notify you in a reasonable manner. If you do not hear from us within a reasonable time frame, please consider your application rejected. We are not obligated to provide you any explanation for your rejection, but please be advised we may reject applicants for any reason or manner, including but not limited to a website or social media page which violates our Acceptable Use Policy.
If your Affiliate Application is rejected, you may reapply. If your Affiliate Application is accepted, each of the terms and conditions in this terms applies to your participation. We may also ask for additional information to complete your Affiliate Application or for you to undertake additional steps to ensure eligibility in the Affiliate Program.
SECTION 5 - NON-EXCLUSIVITY
This terms does not create an exclusive relationship between you and us. You are free to work with similar affiliate program providers in any category. This terms imposes no restrictions on us to work with any individual or company we may choose.
SECTION 6 - AFFILIATE PROGRAM
After your acceptance in the Affiliate Program, you must ensure your account is set up thoroughly, including specific payout information and location (such as a bank or online account which we may use to post payment).
Please be advised the below is a general description of the Affiliate Program. Everything contained in this subsection is subject to the specific terms and conditions throughout the rest of this terms.
We will provide you with a specific link or links which correspond to certain products we are offering for sale (collectively, the "Link"). The Link will be keyed to your identity and will send online users to the Company's website or websites. You hereby agree to fully cooperate with us regarding the Link and that you will explicitly comply with all of the terms for the promotion of the Link at all times. We may modify the specific link or links and will notify you if we do so. You agree to only use links which are prior approved by us and to display the Link prominently on your website or social media page, as described in your Affiliate Application (collectively, the "Affiliate Site").
Each time a user clicks through the Link posted on the Affiliate Site and we determine it is a Qualified Click, as described below, you will be eligible to receive the following specific commission: 3% from the total amount of success transaction.
SECTION 7 - SPECIFIC TERMS APPLICABLE
We will determine whether payout is permissible in our sole and exclusive discretion. We reserve the right to reject clicks and/or sales that do not comply with the terms.
Processing and fulfillments of orders will be our responsibility.
As described above, in order to be eligible for payout, user clicks must be "Qualified Clicks." Qualified Clicks:
a. Are clicks arriving to our website or websites through properly formatted links on the Affiliate Site;
b. Are clicks arriving to our website or websites through the Affiliate's specifically approved sites only (no other websites or social media pages);
c. Are clicks arriving to our website which relate to one specific user; and
d. Are not clicks sent by a bot or other automated web program.
SECTION 8 - PAYOUT INFORMATION
Payouts will only be available when the Company has your current address information as well as accounting and tax documentation. Accounting information may include the routing and account number of a bank where you wish to post a direct deposit or may include an email address for an online method of payment.
Currently, the Company employs only Bank Transfer as methods of payout.
For any changes in your address or accounting information, you must notify us immediately and we will endeavour to make the changes to your payout information as soon as possible.
Payouts will be process on the date 28th of the month and reach a minimum threshold of the following amount is met: Rp.1,000,000 (USD 67.00)
We explicitly reserve the right to change payout information in our sole and exclusive discretion. If we do so, you will be notified.
For any disputes as to payout, the Company must be notified within thirty days of your receipt of the payout. We will review each dispute notification as well as the underlying payout transaction to which it is related. Disputes filed after thirty days of payout will not be addressed.
SECTION 9 - REPORTS
You may log into your account with us to review reports related to your affiliation, such as payout reports and Qualified Click and/or Purchase information. Please be advised however, that not all listed qualifying clicks and/or purchases have been fully reviewed for accuracy in the reports viewable by you in real-time and therefore may be subject to change prior to payout.
SECTION 10 - TERM, TERMINATION & SUSPENSION
This terms will begin when we accept you into the Affiliate Program. It can be terminated by either Party at any time with or without cause.
You may only earn payouts as long as you are an Affiliate in good standing during the term. If your affiliate program has been terminated, you will qualify to receive payouts earned prior to the date of termination.
If you fail to follow the terms or any other legal terms we have posted anywhere on our website or websites, you forfeit all rights, including the right to any unclaimed payout.
We specifically reserve the right to terminate this your affiliate program if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the Company or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material.
At the termination, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
SECTION 11 - INTELLECTUAL PROPERTY
You agree that the intellectual property owned by the Company includes all copyrights, trademarks, trade secrets, patents, and other intellectual property belonging to the Company ("Company IP").
Subject to the limitations listed below, we hereby grant you a non-exclusive, non-transferable, revocable license to access our websites in conjunction with the Affiliate Program and use the Company IP solely and exclusively in conjunction with identifying our company and brand on the Affiliate Site to send customers to the Affiliate links we provide. You may not modify the Company IP in any way and you are only permitted to use the Company IP if you are an Affiliate in good standing with us.
We may revoke this license at any time and if we find that you are using the Company IP in any manner not contemplated by this terms, we reserve the right to terminate your affiliate status.
Other than as provided herein, you are not permitted to use any of the Company IP or any confusingly similar variation of the Company IP without our express prior written permission. This includes a restriction on using the Company IP in any domain or website name, in any keywords or advertising, in any meta-tags or code, or in any way that is likely to cause consumer confusion.
Please be advised that your unauthorised use of any Company IP shall constitute unlawful infringement and we reserve all of our rights, including the right to pursue an infringement suit against you in federal court. You may be obligated to pay monetary damages or legal fees and costs.
You hereby provide us a non-exclusive license to use your name, trademarks and service-marks if applicable and other business intellectual property to advertise our Affiliate Program.
SECTION 12 - MODIFICATION & VARIATION
The Company may, from time to time and at any time, modify this terms. You agree that the Company has the right to modify this terms or revise anything contained herein. You further agree that all modifications to this terms are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this terms, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this terms. If we update or replace the terms, we will let you know via electronic means, which may include an email. If you don't agree to the update or replacement, you can choose to terminate this Affiliate Program as described below.
a. To the extent any part or subpart of this terms is held ineffective or invalid by any court of law, you agree that the prior, effective version of this terms shall be considered enforceable and valid to the fullest extent.
b. You agree to routinely monitor this terms and refer to the Effective Date posted at the top of this terms to note modifications or variations. You further agree to clear your cache when doing so to avoid accessing a prior version of this terms.
SECTION 13 - RELATIONSHIP OF THE PARTIES
Nothing contained within this Agreement shall be construed to form any partnership, joint venture, agency, franchise, or employment relationship. You are an independent contractor of the Company and will remain so at all times.
SECTION 14 - ACCEPTABLE USE
You agree not to use the Affiliate Program or our Company for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Affiliate Program in any way that could damage our websites, products, services, or the general business of the Company.
a. You further agree not to use the Affiliate Program:
I. To harass, abuse, or threaten others or otherwise violate any person's legal rights;
II. To violate any intellectual property rights of the Company or any third party;
III. To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
IV. To perpetrate any fraud;
V. To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
VI. To publish or distribute any obscene or defamatory material;
VII. To publish or distribute any material that incites violence, hate, or discrimination towards any group;
VIII. To unlawfully gather information about others.
SECTION 15 - AFFILIATE OBLIGATIONS
You are responsible for ensuring operation and maintenance of the Affiliate Site, including technical operations, written claims, links, and accuracy of materials. You must ensure, as noted above, that the Affiliate Site does not infringe upon the intellectual property rights of any third party or otherwise violate any legal rights.
We may monitor your account, as well as clicks and/or purchases coming through your account. If we determine you are not in compliance with any of the terms, we have the right to immediately terminate your participation in the Affiliate Program.
You are required to post a conspicuous notice on your website regarding the Affiliate Program. The notice does not have to contain the precise words as the example given below, but should be similar:
We engage in affiliate marketing whereby we receive funds through clicks to our affiliate program through this website or we receive funds through the sale of goods or services on or through this website. We may also accept advertising and sponsorships from commercial businesses or receive other forms of advertising compensation.
We also require you to comply with any and all applicable data privacy and security laws and regulations, including all of those which may impact your country of residence or your visitors. We also require that you implement adequate organisational and technical measures to ensure an appropriate level of security for the data that you process. Further, you hereby agree to comply with any requests which we may make to you regarding compliance with the General Data Protection Regulation or requests which you may receive from data subjects.
If we find you are not in compliance with any of the requirements of this subpart, we may terminate our relationship with you at our sole and exclusive discretion.
SECTION 16 - DATA LOSS
The Company does not accept responsibility for the security of your account or content. You agree that your participation in the Affiliate Program is at your own risk.
SECTION 17 - INDEMNIFICATION
You agree to defend and indemnify the Company and any of its agents (if applicable) and hold us harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to your use or misuse of the Affiliate Program, your breach of this terms, or your conduct or actions. You agree that the Company shall be able to select its own legal counsel and may participate in its own defense, if the Company wishes.
SECTION 18 - SPAM POLICY
You are strictly prohibited from using the Affiliate Program for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
SECTION 19 - ENTIRE AGREEMENT
This terms constitutes the entire understanding between the Parties with respect to the Affiliate Program. This terms supersedes and replaces all prior or contemporaneous understandings, written or oral.
SECTION 20 - SERVICE INTERRUPTIONS
The Company may need to interrupt your access to the Affiliate Program to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access may be affected by unanticipated or unscheduled downtime, for any reason, but that the Company shall have no liability for any damage or loss caused as a result of such downtime.
SECTION 21 - NO WARRANTIES
You agree that your use of the Affiliate Program is at your sole and exclusive risk and that any services provided by us are on an "As Is" basis. The Company hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. The Company makes no warranties that the Affiliate Program will meet your needs or that it will be uninterrupted, error-free, or secure. The Company also makes no warranties as to the reliability or accuracy of any information. You agree that any damage that may occur to you, through your computer system, or as a result of loss of your data from your use of the Affiliate Program is your sole responsibility and that the Company is not liable for any such damage or loss.
SECTION 22 - LIMITATION ON LIABILITY
The Company is not liable for any damages that may occur to you as a result of your participation in the Affiliate Program, to the fullest extent permitted by law. The maximum liability of the Company arising from or relating to this Agreement is limited to one hundred ($100) US Dollars. This section applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
SECTION 23 - GENERAL PROVISIONS:
A. LANGUAGE: All communications made or notices given pursuant to this terms shall be in the English language.
B. JURISDICTION, VENUE & CHOICE OF LAW: Through your participation in the Affiliate Program, you agree that The Company shall govern any matter or dispute relating to or arising out of this terms, as well as any dispute of any kind that may arise between you and the Company, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this terms is initiated, the Parties agree to submit to the personal jurisdiction of the state and federal courts of the county representing The Company. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non convenient or similar doctrine.
C. ARBITRATION: In case of a dispute between the Parties relating to or arising out of this terms, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the local county that are agreed by both parties. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this terms, award punitive damages, or certify a class. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by the Company will not be subject to arbitration and may, as an exception to this subpart, be litigated. The Parties, waive any rights they may have to a jury trial in regard to arbitral claims.
D. ASSIGNMENT: This terms, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by you. Should this terms, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by the Company, the rights and liabilities of the Company will bind and inure to any assignees, administrators, successors, and executors.
E. SEVERABILITY: If any part or subpart of this terms is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and subparts will be enforced to the maximum extent possible. In such condition, the remainder of this terms shall continue in full force.
F. NO WAIVER: In the event that we fail to enforce any provision of this terms, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or subpart of this terms will not constitute a waiver of any other part or subpart.
G. HEADINGS FOR CONVENIENCE ONLY: Headings of parts and subparts under this terms are for convenience and organisation, only. Headings shall not affect the meaning of any provisions of this terms.
H. FORCE MAJEURE: The Company is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
I. ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this terms, including email or fax. For any questions or concerns, please email us at the following address: firstname.lastname@example.org