Affiliate Terms and Conditions

OCEONYX AFFILIATE AGREEMENT 2021 TERMS & CONDITIONS

By signing up as an Affiliate of OCEONYX®, you agree to the following Terms & Conditions of Service:

Advertising and links

  • We agree to pay you certain commissions for referral sales made by you.
  • You represent and warrant that you will comply with any reasonable directions we give to you about the placement of banners, the marketing techniques, presentation, pricing and other specific marketing requirements for sale and promotion of our products.
  • You agree you will not provide, share, write, or make any negative, false, untrue or otherwise inappropriate endorsements, comments, posts or other public statements relating to our products or the company. If in doubt, please contact us for our verifcation via Instagram DM @oceonyx or affiliates <AT> oceonyx.com. Any reviews or posts will be direct from the customers who have purchased the products and will be independent to you with the exception that you are a direct customer.

You further agree and warrant:

  1. to use our affiliate service in a manner that is ethical and in conformity with community standards and the laws of Australia;
  2. to respect the privacy of other users;
  3. to respect the legal protection provided by copyright law and other laws protecting intellectual property; and
  4. to accept commercial emails from us.

Affiliate Payment and Commission Fees

We will provide you with a unique affiliate link which must be used by customers to purchase our products in order for you to receive the right to any Commission Fees. Any negotiated sales discount will be enabled in this link. We are not required to pay any Commission Fees for purchases that are made without using your unique affiliate link and we do not pay Commission Fees on any Products purchased outside of our website.

The Commission Fee of 10% will only be paid:

  1. on specified products which may change from time to time;
  2. on third party purchases to customers that are not for your personal use, in your personal name or to parties, businesses or companies related to you in any way;
  3. once we have received the full payment price;
  4. on Products that are not returned or refunded by the customer; and
  5. on the sale price excluding all discounts, taxes, customs and shipping.

 Notification of Account Changes

We reserve the right to change any conditions of this Affiliate program, including the ‘Commission Fees,’ at any time. We agree to notify you of any changes in a timely manner.

You agree to immediately notify us, via Instagram DM @oceonyx or affiliates <AT> ocoenyx.com, if your email address, telephone number, Instagram Handle, or billing/payment information changes.

Spam and Unsolicited Emails

You agree and warrant that you will not send any unsolicited email to any party or customer at any time, either directly or indirectly in respect to our products.

As we respect customer privacy, we have zero tolerance toward anyone who spams any party, business or individual. If you are caught or reported to be spamming, you will be removed from our Affiliate Program and your commissions or pending commissions will be forfeited. Spam is defined as emailing to and contacting anyone who has not requested or agreed to information via email or any website and includes ‘spamming search engines’ with links. You may also be subject to pay any legal fines or penalties that may result from your actions.

Compliance with Consumer Law and Related Regulations

You will ensure that, at all times, you have disclosed any and all affiliate commissions and affiliation as required by Consumer Law and related regulations.

You agree to, at all times, abide by all local consumer and other laws in the state or country you are marketing and endorsing our products and indemnify us for any claims relating directly or indirectly to your marketing, misstatement, incorrect or negligent advertisements or statements relating to use, purchase or otherwise of our products by any third party.

Relationship and Indemnity

Nothing and no party of this Affiliate arrangement shall be construed as creating any relationship of agency, employment, or partnership. You have no authority to bind the Company in any manner to any third party apart from the terms of this Agreement.

You agree to indemnify us for any and all claims that any customer or third party may make as a direct or indirect result of your representations, marketing or other promotional activities of our Products or Company including but unlimited to any false, misleading, incorrect, inaccurate or otherwise actionable statements or claims.

Intellectual Property Ownership

OCEONYX® is a registered trademark in many countries.

OCEONYX and its licensor, at all times, retains full and all rights, ownership and interest in all copyright, trademark and intellectual property in all products and any related materials. Nothing in these Terms or any arrangement between the parties grants or shall be implied to grant any rights, ownership, license or other interest in the Products or any materials, including but not limited to any intellectual property rights, other than the rights set out in these Terms.

Termination

We can terminate this agreement at our sole discretion without notice for any reason. This arrangement will be terminated once all payments have been made in accordance with these Terms.

‘Commission Fees’ are the fees paid in accordance with this agreement. They are specified as 10% of successful sales (excluding discounts, taxes, customs and shipping) using the unique affiliate link.

‘Products’ means our OCEONYX towels and water bottles and any other product specified time to time which we agree that form part of this Affiliate Program.

Website Terms of Service

You further agree to comply with our website’s terms of service at https://au.oceonyx.com/policies/terms-of-service.html