Affiliate Terms and Conditions
Last updated: October 1, 2024
As an authorized affiliate (Affiliate or You) of OBDeleven (OBDeleven or We), you agree to abide by the terms and conditions contained in this agreement (Agreement). Please read the entire Agreement carefully before you register and promote OBDeleven as an Affiliate. By signing up for the OBDeleven Affiliate Program (Program), you indicate your acceptance of this Agreement and its terms and conditions.
Your participation in the Program is solely to legally advertise OBDeleven products and to receive a commission on products purchased by individuals referred to OBDeleven by your website or personal referrals.
This Agreement shall be concluded for affiliate marketing purposes only, and no joint venture, brokerage, agency, or similar legal relationship shall be established between the Affiliate and OBDeleven. Affiliate will have no authority to make or accept any offers or representations on OBDeleven behalf. The Affiliate will not make any statement, whether on his website or any other website or otherwise, that reasonably would contradict anything in this Section.
1. Approval or Rejection of the Application
Affiliate accounts with inaccurate, unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable information, are not approved, OBDeleven reserves the right to decline any application that does not meet the criteria.
Affiliates who have any current or past employment relations with OBDeleven are not allowed to join the Program.
Affiliate cannot have any current reselling or any other partnership with OBDeleven.
We reserve the right to approve or reject ANY Program in our sole and absolute discretion. You will have no legal recourse against us for rejecting the Program.
2. Commissions
The Affiliate receives a commission when the referred account remains active for at least 30 days. The commission transaction will be initiated by OBDeleven to the Affiliate when the payment amount reaches at least EUR 100. All incomplete or fraudulent orders will not be commissioned.
For the avoidance of doubt, the commission payable to the Affiliate shall be calculated based on the sale amount excluding any applicable taxes, fees and charges, including but not limited to sales taxes, shipping fees and any other additional costs. OBDeleven reserves the right to deduct any applicable taxes and fees from the sale amount before calculating the commission. Therefore, the commission shall be calculated only on the net sale amount, after subtracting such taxes and fees.
Missing or untracked orders must be reported by the Affiliate before the beginning of the new month for the previous month. Each case is reviewed individually and OBDeleven reserves the right to make the final decision whereas the sale in questions should be credited to the Affiliate.
Payments will only be sent for transactions that have been completed. Transactions that result in chargebacks, refunds or returns will not be paid out.
3. Termination
Your affiliate application and status in the Program may be suspended or terminated unilaterally by OBDeleven without prior notice for any of the following reasons:
- the account has been inactive for over 365 days, meaning no purchases were made via a unique Affiliate link;
- inappropriate advertisements (false claims, misleading hyperlinks, etc.);
- advertising on sites containing or promoting illegal activities;
- failure to disclose the affiliate relationship for any promotion that qualifies as an endorsement under the applicable laws;
- violation of intellectual property rights. OBDeleven reserves the right to require license agreements from those who employ OBDeleven trademarks to protect our intellectual property rights;
- offering rebates, coupons, or another form of promised kickbacks from your affiliate commission as an incentive. Adding bonuses or bundling other products with OBDeleven, however, is acceptable;
- self-referrals, fraudulent transactions, suspected Affiliate fraud;
- Pay Per Click bidding by the Affiliate, except when prior approval has been granted by OBDeleven.
In addition to the foregoing, OBDeleven reserves the right to terminate any Affiliate account at any time for any violations of this Agreement or no reason. If an affiliate has earned a certain amount of money up to EUR 100, which has not already been paid to the affiliate by OBDeleven, and the affiliate has not directed any customers to OBDeleven website who made purchases from OBDeleven for 365 calendar days or more, the affiliate’s right to the earned amount of money ends. Thus, OBDeleven is no longer obliged to pay the aforementioned amount.
If the Affiliate account was terminated because of inactivity, a new account should be created to rejoin the Affiliate program.
4. Affiliate Links and Content
Affiliates may use the links and graphics provided by OBDeleven only.
If OBDeleven determines that the Affiliate’s linking and advertising efforts can be identified as spam, OBDeleven reserves the right to suspend the Affiliate’s account immediately.
Any OBDeleven employee reserves the right, at any time, to review the Affiliate’s placement and either approve or disapprove the use of affiliate links and require changing the placement of links or ask to comply with the guidelines in the Agreement or specific email with details.
Self-referring for affiliate accounts is strictly prohibited. This means that the Affiliate cannot refer himself by using his own affiliate link, and such activity will not receive a commission and may lead to the account’s suspension.
It is the Affiliate’s responsibility to ensure that his tracking code is working properly before sending the referees to OBDeleven’s website. OBDeleven is not responsible for any modification made to Affiliate links. Affiliate commissions are not paid for unrecorded sales due to incorrectly edited, masked, redirected or tampered Affiliate links.
Affiliates are prohibited from using an identical or virtually identical (variations or misspellings thereof in Affiliate’s domain name) OBDeleven trademark as a part of their domain, second-level domain and / or subdomain.
Affiliates are prohibited from using any content on their website (social account, public post or any other online or offline location) that could deceive referrals to believe the website (social account, public post or any other online or offline location) is directly related to OBDeleven. Additionally, Affiliates may not advertise in any way that effectively hides or misrepresents their own identity, domain name and / or return email address.
Affiliates are not allowed to replicate or reproduce the look, feel and structure of the OBDeleven’s website.
Affiliates are allowed to use trademark creatives provided by OBDeleven only. Custom materials might be created and used by Affiliates only after official approval of the OBDeleven.
Affiliates are prohibited from using any content that could fall into the following categories: adult content, gambling, content not yet rated, sensitive social issues, discrimination based on race, sex, religion, nationality, disability, sexual orientation, age or any other kind of discrimination, tragedy & conflict, violence, or is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to society or violates the law in any way.
OBDeleven reserves the right to monitor Affiliate’s site at any time to determine whether Affiliate is following the terms and conditions of the Agreement. OBDeleven may inform Affiliate of any changes to Affiliate’s site that should be made, or to ensure that Affiliate’s links to OBDeleven website are located appropriately and to notify Affiliate of any other changes that should be made. OBDeleven also reserves the right to terminate Affiliate’s participation in the Program if the necessary changes to the website are not implemented within a reasonable time (30 days).
Affiliates are solely responsible for the maintenance and information updates on their site. For example, if OBDeleven pricing policy changes, it will be up to Affiliate to keep up and update the information on their site. OBDeleven may monitor Affiliates’ sites to make sure that it is up-to-date and to notify Affiliate of any changes that should enhance the performance.
5. Email Marketing Campaigns
Before launching e-mail marketing campaigns, the Affiliate must get approval from OBDeleven Affiliate manager.
Before launching e-mail marketing campaigns, the Affiliate must inquire about the suppression list. Once it is sent by OBDeleven, the Affiliate must upload it to his email platform to make sure no address that is in the suppression list is being contacted.
E-mail campaigns cannot be used to deceive recipients to believe the sender is OBDeleven.
6. Liability
OBDeleven will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate tracking failures, loss of database files, or any results of intents of harm to the Program and/or our website(s).
We do not make any expressed or implied warranties for the Program and/or the memberships or products sold by OBDeleven. We do not claim that the Program operation will be error-free, and we will not be liable for any interruptions or errors.
7. Term of the Agreement
The term of this Agreement begins upon your acceptance in the Program and will end without prior notice when your Affiliate account is terminated.
When the account and the Agreement are unilaterally terminated by OBDeleven due to any of the reasons set out in Section 3, all funds accumulated in the account before its termination shall be lost and not refunded.
We may modify the terms and conditions of this Agreement at any time. If any modification to the terms and conditions of this Agreement is 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.
8. Indemnification
Affiliate shall indemnify and hold harmless OBDeleven and its affiliate and subsidiary companies, officers, directors, employees, licensees, successors, and assigns, including those licensed or authorized by OBDeleven to transmit and distribute materials, from any liabilities, damages, fines, judgments, claims, costs, losses, and expenses (including reasonable legal fees and costs) arising out of or related to all claims sustained in connection with this Agreement due to the negligence, misrepresentation, failure to disclose, or intentional misconduct of Affiliate.
9. Governing Law and Jurisdiction
This Agreement shall be governed by and construed following the laws of Lithuania. Any dispute arising under or related in any way to this Agreement shall be adjudicated exclusively in the courts located in Kaunas, Lithuania.
10. Electronic Signatures Effective
The Agreement is an electronic contract that establishes the legally binding terms of your participation in the Program. Affiliate indicates his acceptance of this Agreement and all of the terms and conditions contained or referenced in this Agreement by completing the Program application/signup process. This action creates an electronic signature with the same legal force and effect as a handwritten signature.
10. Contact Information
If you have any questions related to this Agreement and/or the Program, please contact OBDeleven at href@@mailto:affiliate@obdeleven.com@@_blank@@affiliate@obdeleven.com@@href