OARS Affiliate Program Terms & Conditions
The following Terms and Conditions form a legally binding agreement between the affiliate of the OARS Affiliate Program (that’s “you”, the “Publisher” or “Affiliate”) and O.A.R.S. Companies, Inc. (“OARS”, “us”, or “we”) in relation to the OARS Affiliate Program (“Program”).
PLEASE TAKE A MOMENT TO READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN REALLY IMPORTANT INFORMATION REGARDING LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.
We suggest you print off and/or save a copy of these Terms and Conditions for your records.
1. Enrollment in the Affiliate Program
OARS hereby invites Affiliate to participate in its Affiliate Program (the "Program") to promote OARS rafting trips and related services. Affiliate agrees to join and/or maintain an affiliate account with OARS through the Awin Platform and use trackable affiliate links provided within the platform. Affiliate participation limited to US-based individuals/businesses.
Affiliate participation in the Program is subject to the terms and conditions outlined in this Agreement and can be terminated at any time with 7 days written notice by OARS.
2. Commissions
Standard Commission
- OARS multi-day domestic river trips (excluding Alaska and Grand Canyon) will receive a four percent (4%) of the net revenue generated from Qualified Sales (as defined below).
- OARS one-day domestic trips, and two-day trips on California’s American River will receive a commission of six percent (6%) generated from the net revenue generated from Qualified Sales (as defined below).
Special Commission Rules
- - OARS Grand Canyon rafting and dory adventures are not commissionable.
- - OARS Alaska trips are not commissionable.
- - OARS International adventures are not commissionable.
Qualified Sale
A "Qualified Sale" is defined as a completed and paid booking for a rafting trip originating directly from a valid link provided by OARS to Affiliate (an "Affiliate Link") and tracked by a designated tracking system platform (AWIN). A “Qualified Sale” is the total amount of a booking, not including any additional lodging or meal packages. For a sale to be considered a Qualified Sale, the user must have clicked on Affiliate's Affiliate Link within the sixty (60) days prior to the date of purchase (the "Cookie Duration"). Only sales that are fully completed and not refunded or canceled qualify for commissions.
Last Click Attribution & De-duplication
OARS operates on a "Last Click" attribution policy across all digital marketing channels. If a user clicks on multiple affiliate links, the last affiliate link clicked before the purchase will be credited with the sale. If an OARS-owned marketing channel (including but not limited to Paid Search, Email, or Display Advertising) or another affiliate network records the final click prior to a purchase, the sale will be de-duplicated and no commission will be due to the Affiliate.
Commission Approval
OARS reserves a period of thirty (30) days after the completion of a trip to validate the Qualified Sale and approve the commission. Once OARS approves the Qualified Sale within the Awin platform, payment will be issued to the Affiliate by Awin according to Awin’s standard payment terms and methods (e.g., ACH direct deposit, PayPal, or other options).
Payment Method
Affiliate must accumulate a minimum of $20 in commissions to trigger a payout from Awin. Once Awin marks the transaction as "Cleared," Affiliate will be paid on the next available payment run, which occurs on the 1st and 15th of each month. After Awin initiates the payout, it typically takes another 3 to 5 working days for the funds to reach Affiliate’s bank account, depending on chosen payment method. Affiliate is responsible for any applicable transaction fees.
3. Trademark Regulations
Affiliate shall not use OARS logos or trademarks without the prior written approval of OARS.
4. Representations
Affiliate understands and agrees that they are representing OARS and its services. As such, Affiliate agrees to the following:
Positive Representation
Affiliate shall represent OARS, its employees, and its rafting experiences in a positive, truthful, and professional manner at all times. Affiliate shall avoid any language or imagery that could be considered offensive, misleading, or damaging to the OARS’ reputation.
Brand Guidelines
Affiliate agrees to adhere to any brand guidelines that OARS may provide, including but not limited to logo usage, color schemes, and tone of voice.
Content Usage
While Affiliate is encouraged to promote OARS trips, directly copying and pasting extensive content, including trip descriptions, from the OARS website (oars.com) is prohibited. Affiliate should strive to create their own unique and original content to promote the trips, while ensuring accuracy.
Safety and Risk
Affiliate acknowledges that river trips, particularly those involving whitewater, are inherently risky. Affiliate shall not make any guarantees or assurances regarding the absolute safety of OARS river trips. Any statements made about safety should be consistent with the information provided by OARS and should not exaggerate or downplay the inherent risks involved in whitewater rafting. Affiliate understands that they are solely responsible for any claims they make about the safety of rafting and agrees to indemnify and hold OARS harmless from any claims arising from Affiliate's misrepresentation of safety.
5. Email Marketing Policy
- Affiliate shall comply with all applicable laws and regulations regarding email marketing, including the CAN-SPAM Act.
- Affiliate shall not send unsolicited commercial email (spam) promoting OARS trips or related services.
- All email marketing campaigns must include a clear and conspicuous unsubscribe mechanism.
- Affiliate must obtain written approval from OARS for any email marketing creatives or subject lines that include the OARS name or trademarks.
6. FTC Disclosure Requirements
Affiliate must clearly and conspicuously disclose its affiliate relationship with OARS in all marketing materials, including but not limited to, website content, social media posts, and email marketing campaigns. The disclosure must be clear, unambiguous, and easily noticeable by the average consumer. Acceptable disclosure language includes, but is not limited to, "I receive a commission for purchases made through this link."
7. Social Media Policy
- Affiliate shall represent OARS and its services in a professional and positive manner on social media platforms.
- Affiliate shall not make any false or misleading statements about OARS or its competitors.
- Affiliate must clearly disclose their affiliate relationship with OARS in all related social media posts.
- Affiliate shall comply with all applicable social media platform rules and regulations.
8. Coupons and Deals Policy
Affiliate may promote discounts and special offers published by OARS. Affiliate shall not create or distribute any coupons or deals that are not authorized by OARS.
9. PPC Bidding Rules
Affiliate is prohibited from bidding on any OARS branded keywords (including variations and misspellings) in any pay-per-click (PPC) advertising campaigns. This includes, but is not limited to, Google Ads, Bing Ads, other search engine advertising platforms and social media.
10. Grounds for Termination
If OARS determines, in its sole discretion, acting reasonably, that Affiliate has not complied with any laws related to fairness in advertising or disclosure of endorsements, or is otherwise acting in any way that could cause OARS to incur legal liability, OARS reserves the right to immediately terminate this Agreement and will have no obligation to pay Affiliate for any pending Qualified Sales.
Reasons for termination include, but are not limited to:
- Breach of this Agreement.
- Engaging in misleading or unethical marketing practices.
- Violation of OARS’ trademark regulations.
- Violation of OARS’ email marketing policy.
- Violation of FTC disclosure requirements.
- Violation of OARS’ social media policy.
11. Relationship of Parties
The relationship between the parties is that of independent contractors. Affiliate is not an employee, agent, or partner of OARS.
12. Indemnification
Each party (the “Indemnifying Party”) shall indemnify, defend and hold harmless the other party (the “Indemnified Party”), its affiliates, and its respective officers, directors, employees, agents, and representatives from and against any and all claims, damages, losses, liabilities, judgments, settlements, costs and expenses (including reasonable attorney’s fees) arising from or in connection with any breach of this agreement by the Indemnifying Party or its representatives, except to the extent that such claims, damages, losses, liabilities, judgments, settlements, costs and expenses are caused by the negligence or intentional misconduct of the Indemnified Party. The Indemnified Party shall promptly notify the Indemnifying Party of any such claim and reasonably cooperate with the Indemnifying Party in defense of such claims at the Indemnifying Party’s expense.
13. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of California.
