1. Introduction and acceptance
- Agreement: By applying to and participating in the Omidi Affiliate Program on the Awin Network, you ("Affiliate," "Publisher") agree to be bound by these Terms and Conditions ("Agreement") as well as the Awin Network Terms and Conditions.
- Purpose: The purpose of this Agreement is to define the terms and conditions under which the Affiliate will promote Omidi products to American consumers and receive commissions on qualifying sales generated through the Affiliate’s marketing efforts.
2. Eligibility and enrollment
- Application: All prospective Affiliates must apply directly through the Awin platform.
- Requirements: To be eligible, applicants must have a website or online platform that can be reviewed for content, possess a valid imprint, and provide accurate and complete bank and tax information.
- Approval: Omidi and Awin reserve the right to review, approve, or reject any application at their sole discretion.
- Account responsibility: Affiliates are responsible for all activities related to their Awin account and must promptly notify Omidi and Awin of any suspected unauthorized access or breaches of account security.
3. Promotional guidelines and restrictions
- Acceptable Promotional Methods: Affiliates may promote Omidi products through their websites, blogs, social media channels, email marketing (with proper opt-in procedures), and other approved methods as outlined in the Awin Network and Omidi specific program terms.
- Content Restrictions:
- Affiliates shall not promote Omidi on websites or platforms that contain sexually explicit material, violence, discrimination, illegal activities, or infringe upon the intellectual property or privacy rights of others.
- Affiliates shall not engage in cookie stuffing/stealing or other deceptive tactics to manipulate traffic or generate artificial commissions.
- Affiliates shall not advertise coupon codes obtained from non-affiliate channels, customer emails, or paid search campaigns.
- Trademark and branding:
- Affiliates are granted a limited, non-exclusive, non-transferable license to use Omidi's trademarks, logos, and promotional materials ("Advertiser Materials") solely for the purpose of promoting Omidi products in accordance with these terms.
- Affiliates must not modify Advertiser Materials without prior written permission.
- Affiliates must not bid on branded or trademarked terms (including misspellings) in PPC advertising campaigns.
- Disclosure Requirements: Affiliates must clearly and conspicuously disclose their affiliate relationship with Omidi to their audience in compliance with all applicable laws and regulations, including the Federal Trade Commission (FTC) guidelines.
- Disclosures must be prominent, presented in easily understood language, and located close to the affiliate link.
- Simple notations like "(Affiliate)" or "#Affiliate" are insufficient.
4. Commission and payment
- Commission Structure: Affiliates will earn a commission on qualifying sales generated through their unique affiliate link. The current commission rates will be displayed on the Awin interface and may be subject to change upon notice to the Publisher.
- Qualifying sales: Only sales processed through the Awin platform will be eligible for commission. The transaction value will be based on the product price, excluding shipping, taxes, and other fees.
- Payment terms: Payments will be made automatically in US dollars, subject to a minimum payment threshold as determined by Awin.
- Validation and payment schedule: Omidi will validate sales and process payments according to the schedule outlined within the Awin interface or program policies. This typically includes a waiting period to account for returns and refunds, states Tapfiliate.
- Fraudulent Activity: Omidi reserves the right to withhold or reverse commissions for suspected fraudulent activity, breaches of this Agreement, or manipulation of the tracking system.
5. Intellectual property
- Ownership: All intellectual property rights associated with Omidi 's products, website, and brand remain the sole property of Omidi.
- Publisher Materials: Omidi is not responsible for the operation or content of the Affiliate's website or any third-party websites not controlled by Omidi.
6. Term and termination
- Agreement Term: This Agreement will commence upon the Affiliate's acceptance into the Omidi Affiliate Program and will continue until terminated by either party.
- Termination: Either party may terminate this Agreement at any time for any reason, including but not limited to breaches of this Agreement, non-compliance with Awin Network terms, or inactivity. Notice of termination will be provided in writing.
7. Miscellaneous
- Relationship of Parties: This Agreement does not create a partnership, joint venture, agency, franchise, sales representative, or employment relationship between the Affiliate and Omidi .
- Modifications: Omidi reserves the right to modify these terms and conditions at any time. Notice of changes will be provided through the Awin platform or via email.
- Indemnification: The Affiliate agrees to indemnify and hold Omidi harmless from any claims, damages, or expenses arising from the Affiliate's breach of this Agreement.
