BY SUBMITTING AN ONLINE APPLICATION (REGISTRATION FORM) YOU CONFIRM THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS SET OUT BELOW AND YOU FURTHER AGREE THAT YOU ARE LEGALLY BOUND TO ALL THE TERMS AND CONDITIONS BELOW WITHOUT EXCEPTION.
This agreement includes the complete terms and conditions that are applicable, when choosing to become an affiliate of Oxygen Products (PTY) LTD’s affiliate program. The purpose of this agreement is to allow linking between the affiliate website, or other online marketing methods and the Oxygen Products (PTY) LTD website/s. The terms ‘we’, ‘us’ and ‘our’ are used to refer to Oxygen Products (PTY) LTD (https://oxygenproducts.org and https://oxygenproducts.co.za) and the terms ‘you’, ‘your’ and ‘yours’ refer to you the affiliate.
2. AFFLIATE OBLIGATIONS
2.1. To start becoming an affiliate, the process commences with the completion and submission of the registration document on the Oxygen Products (PTY) LTD website. Your application is reviewed prior to approval, but we however reserve the right to review your application at a later time. We may reject your application at our sole discretion.
2.2. Your application will be cancelled, if we deem that your website is unsuitable for our program, this includes:-
2.2.1. The promotion of sexually explicit materials.
2.2.2. The promotion of violence.
2.2.3. The promotion of discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
2.2.4. The promotion of any illegal activities.
2.2.5. The incorporation of any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law.
2.2.6. Includes oxygenproducts.org , oxygen products, oxygen, products or variations or misspellings thereof in its domain name.
2.2.7. Is otherwise viewed by us, in our sole discretion, as being in any other way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable.
2.2.8. Contains or may contain software downloads that potentially enable diversions of commission from other affiliates in our program.
2.2.9. Under no circumstance may you create or design your website or any other website that you operate, explicitly or implied, in such a manner to resemble our website or design your website in such a manner which leads customers to believe you are Oxygen Products (PTY) LTD or any other affiliated business.
2.3. As a member of our affiliate program you will be provided access to your own affiliate account management area. In this area we will provide you with the necessary tools to ensure your success as an affiliate. These tools will include, but may not be limited to, training (if needed), banners (optional) and text links, tracking codes for special offers (if required) as well as any other information we deem needed. To enable us to accurately track all visits from your site to ours, you are required to use the coding provided with each banner, text link or other affiliate link we provide.
2.4. We reserve the right to review the placement of your links at any time. We further reserve the right to require that you change the use or placement of the links to meet with our guidelines provided for you.
2.5. It is your sole responsibility to maintain and keep your site up to date. We do however reserve the right to monitor your site from time to time and make any suggestions of changes that we believe will enhance your sites performance (if any).
2.6. It is your sole responsibility to ensure that you comply with all relevant copyright laws and intellectual property rights on your website.
2.7. You agree to indemnify Oxygen Products (PTY) LTD, its owners, agents and representatives against any claims that may arise from the breach of any copyright or intellectual property rights that may arise in an action against your site or yourself.
3. OXYGEN PRODUCTS (PTY) LTD RIGHTS AND OBLIGATIONS
3.1. We reserve the right to monitor your site, at any time, to ensure that you are adhering to the terms and conditions of this agreement. We further reserve the right to notify you of any changes to your site that may be deemed appropriate by us.
3.2. We reserve the right to terminate your participation in our affiliate program, if you do not make the changes to your website, that we deem necessary.
3.3. Any fraudulent use or abuse of our affiliate program, will result in immediate termination of your participation in our affiliate program. Upon any detection of any fraudulent use or abuse Oxygen Products (PTY) LTD will not be liable to you for any commissions for such fraudulent sales.
3.4. This agreement becomes enforceable immediately upon our acceptance of your affiliate application and will be in force until it is terminated.
This agreement may be terminated at any time by either party, with or without cause. Termination must be given in writing via email.
Oxygen Products (PTY) LTD reserves the right to terminate this agreement immediately and without notice, if we find that the terms of the agreement have been breached in any way.
5.1. We reserve the right to make any modifications or changes to the terms and conditions in this agreement, at our sole discretion. These changes may include but are not limited to changes in payment policy or affiliate program rules.
5.2. Notification of any modifications or changes will be made to you via email.
5.3. Your continued participation in our affiliate program will be deemed as you having read and accepted the modified or changed terms and conditions.
5.4. If you do not agree to the modified or changed terms and conditions, your only recourse is to then terminate your participation in our affiliate program.
6. PAYMENT AND COMMISSION
6.1. All commissions earned are exclusively on a pay per sale basis.
6.2. All commissions are earned on a valid sale and must be through a valid referral link from your website to our website.
6.3. A valid sale is a sale where the goods are purchased and payment via approved means is made.
6.4. Commissions will not be earned for purchases by yourself, your family or anyone within your organisation.
6.5. All sale commissions will be only considered for new customers who purchase on our web site from your valid referral link. A new customer is one who has not bought from us previously and is not on our records as having bought our product in the past. No commission pay outs will be made for existing customers referred through your referral link.
6.6. As this is a sale platform for goods sold exclusively in United States Dollars (USD/$). All payments will be made in United States Dollar (USD/$) only.
6.7. A base commission rate of 8% (eight percent) is valid on the sale of our products up to a value of $1,120. Commission rates are tiered based on performance; affiliates will earn the following commission rates based on the specified monthly thresholds below:
6.7.1. Monthly sales with a total value of up to $1,120 (one-thousand-one-hundred-and-twenty USD); 8% (eight percent) monthly commission to affiliate.
6.7.2. Monthly sales with a total value of more than $5,000 (five-thousand USD); 10% (ten percent) monthly commission to affiliate.
6.7.3. Monthly sales with a total value of more than $8,600 (eight-thousand-six-hundred USD); 11.5% (eleven-and-a-half percent) monthly commission to affiliate.
6.7.4. Monthly sales with a total value of more than $15,400 (fifteen-thousand-four-hundred USD); 13% (thirteen percent) commission to affiliate.
6.7.5. Tiers are reset to base (8% / eight percent) on the first (1st) day of each month.
6.8. The commission earned excludes any taxes that may be levied and shipping charges. If a discounted product is sold then the commission due will be calculated on the discounted price of the item.
6.9. All commission payment will be made on the last working day of the following month. For example sales made in January will be paid out at the end of February and so on. This is done to enable us to take any returns into consideration and adjust your commission accordingly.
6.10. If a product is returned, in accordance with our return and refund policy, after the thirty day period (that is after the current payment cycle) then the commission on the returned item will be deducted from your next commission payment.
6.11. A minimum commission threshold of $50.00 must be earned by the affiliate before a pay out will be made. If your sales for the previous month are below this threshold the payment will be kept pending until you reach the minimum payment threshold subject to your account being active and operating within the terms of this agreement. When you reach the payment threshold you will then notify us with a payment request.
6.12. All commission payments will be made exclusively via Electronic funds transfer. Please ensure that we have these details on record. The onus is on you the affiliate to ensure that your payment details are correct and up to date, as any payments incorrectly made cannot be rectified and you will then lose the commission you had earned.
6.13. Due to nature of our product, we have recurring purchases from customers using the product. We will therefore allow commission payments on recurring sales of our product from valid new customers brought to our site via your valid referral link as per point 6.5 above.
6.14. If for any reason whatsoever your account is terminated or closed, then the final pay out of any commissions due will be after a period of 90 (ninety) days from date of termination.
6.15. All commission payments are on net sale value and do not include any tax deductions relevant to South African regulations. The onus and responsibility is on you, the affiliate, for all taxes associated with our payments.
7. AFFILIATE LINK TRACKING/COOKIES
7.2. Should a valid sale be made before the expiration date of the cookie then the sale will be credited to the Affiliate link provider whose Affiliate identification is recorded in the cookie associated with the user.
8. ACCESS TO YOUR AFFILIATE ACCOUNT
Upon sign up with us you will generate a password and username which will allow you exclusive access to your Affiliate area. In this area you will have full access to the necessary data and tracking information to ascertain the success of your campaigns, sales history and commissions earned.
9. PROMOTION RESTRICTIONS
9.1. You are free to promote your own website, but be aware that any mention of Oxygen Products (PTY) LTD will be perceived as a joint venture or partnership, which is unacceptable to us.
9.2. The following forms of advertising are strictly forbidden by Oxygen Products (PTY) LTD.
- SPAMMING, the sending of the same message indiscriminately and repeatedly to large numbers of users. This includes the use of unsolicited commercial email, posting to newsgroups who are non commercial in nature, cross posting to multiple newsgroups as well as instant message, web search engines, social media, blogs and forums.
- CONCEALING YOUR IDENTITY, the concealing of your identity in any way including your domain name and return email address.
- TRADEMARK VIOLATION, any use of the names Oxygen Products, Oxygen Therapy, Mega Oxygen, Super Oxygen, HeartHealth and WaterLife being used among other keywords in pay per click campaigns including any misspellings or similar alterations of these whether used on their own or in conjunction with other keywords, which do not direct traffic from such a campaign to your website prior to directing the traffic to our website.
9.3. You are expressly prohibited from completing any documentation on behalf of a client. We consider this fraudulent behaviour.
9.4. You shall under no circumstances transmit any so-called “interstitials,” “Parasiteware™,” “Parasitic Marketing,” “Shopping Assistance Application,” “Toolbar Installations and/or Add-ons,” “Shopping Wallets” or “deceptive pop-ups and/or pop-unders” to consumers from the time the consumer clicks on a qualifying link until such time as the consumer has fully exited oxygenproducts.org’s site (i.e., no page from our site or any Oxygen Products (PTY) LTD content or branding is visible on the end-user’s screen).
9.5. “Parasiteware™” and “Parasitic Marketing” shall mean an application that (a) through accidental or direct intent causes the overwriting of affiliate and non affiliate commission tracking cookies through any other means than a customer initiated click on a qualifying link on a web page or email; (b) intercepts searches to redirect traffic through an installed software, thereby causing, pop ups, commission tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search engines(search engines being, but not limited to, Google, MSN, Yahoo, Overture, AltaVista, Hotbot and similar search or directory engines); (c) set commission tracking cookies through loading of Merchant site in IFrames, hidden links and automatic pop ups that open Oxygen Products (PTY) LTD’s site/s; (d) targets text on web sites, other than those web sites 100% owned by the application owner, for the purpose of contextual marketing; (e) removes, replaces or blocks the visibility of Affiliate banners with any other banners, other than those that are on web sites 100% owned by the owner of the application.
9.6. The use of any of the above will result in immediate termination of your affiliate membership.
9.7. You may use mailing to your existing customers who have agreed to receive such mailings from you as well as those who have subscribed to your services or website to promote Oxygen Products (PTY) LTD products and they must have the option to opt out of receiving such mailings. It is also acceptable to promote Oxygen Products (PTY) LTD products to newsgroups who do accept commercial messages. At all times it is required that you clearly represent yourself and your websites as being totally independent of Oxygen Products (PTY) LTD.
Oxygen Products (PTY) LTD shall be solely responsible for the processing, fulfilling and payment processing of all sales orders received. All customers who purchase through our Affiliate marketing program will be deemed to be Oxygen Products (PTY) LTD customers. We make every effort to protect the privacy of all our customers, we will therefore not provide names and any personal identifying information of our customers to you. All customer information collected by ourselves shall be owned solely and exclusively by Oxygen Products (PTY) LTD.
All our terms and conditions, policies, operating procedures and information pertaining to customer orders and sales apply to all our customers, inclusive of our privacy and confidentiality agreements.
11. GRANTING OF LICENCE
11.1. Oxygen Products (PTY) LTD hereby grants you a non exclusive, non transferable and revocable right to access our site through links provided in accordance with the terms of this agreement and use our licenced material (logos, trade names, trademarks and similar identifying material) provided and authorized to you for such purpose. The use of the licenced material is subject to you being a member in good standing of Oxygen Products (PTY) LTD affiliate program. You further agree that the use of the authorized licenced materials will be on behalf of Oxygen Products (PTY) LTD and the goodwill associated therewith will inure to the sole benefit of Oxygen Products (PTY) LTD.
11.2. Each party agrees not to use the other’s proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.
OXYGEN PRODUCTS (PTY) LTD MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING OXYGEN PRODUCTS (PTY) LTD’S SERVICE AND WEB SITE/S OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF OXYGEN PRODUCTS (PTY) LTD’S ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
13. REPRESENTATION AND WARRANTY
You hereby represent and warrant that:-
13.1. This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;
13.2. You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of a third party;
13.3. You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
14. LIMITATION OF LIABILITY
WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT 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 WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL OXYGEN PRODUCTS (PTY) LTD’S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.
You hereby agree to indemnify and hold harmless Oxygen Products (PTY) LTD, and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.
16. CONFIDENTIALITY CLAUSE
All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked “Confidential,” will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.
17.1. You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Oxygen Products (PTY) LTD. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on Your Site or any other of Your Sites or otherwise, that reasonably would contradict anything in this Section.
17.2. Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of one of the party’s to this agreement.
17.3. This Agreement shall be governed by and interpreted in accordance with the laws of the Republic of South Africa, in particular the magisterial district of Cape Town, without regard to the conflicts of laws and principles thereof.
17.4. You may not amend or waive any provision of this Agreement unless in writing and signed by both party’s.
17.5. This Agreement represents the entire agreement between Oxygen Products (PTY) LTD and you, and shall supersede all prior agreements and communications, oral or written effective and enforceable from September 2017.