1. Affiliate agrees that a OS Affiliate is an independent contractor and not an employee, agent, partner, or legal representative of OS.
2. All Affiliate applications are subject to approval by OS.
3. Affiliate agrees to receive OS e-mail and newsletters.
4. Contact information (e-mail address, phone number, address, etc.) will be provided to your OS Affiliate Sponsor (the person who directly referred you to OS or whose advertising generated your registration). Contact information is not disclosed to any other party but is kept on the OS database.
5. The affiliate assumes all responsibility and liability for posting of content to the site. Appropriate credit for the content is the sole responsibility of the affiliate. OS reserves the right to access, redistribute, sell any content posted to the site without permission from any affiliate.
6. Affiliate agrees to present the OS Compensation Plan and OS products and services as set forth at the official OS Website. Affiliate will make no claims regarding earnings, products, or services beyond what is stated at the official OS Website. Affiliate further agrees not to reproduce commission checks or distribute commission checks in any form or by any means.
7. Affiliate agrees that registering more content with the primary intent to advance in rank, is strictly forbidden and is grounds for suspension or termination of your account.
8. Affiliate agrees to not utilize SPAM in promoting OS. This action may result in the immediate suspension or termination of Affiliate account with a cancellation of any pending commissions. Affiliate will also be in violation of the OS Affiliate Agreement and subject to legal action and be held liable for any financial loss incurred by OS. Any service interruptions to OS as a result of Affiliates spamming will be billed to Affiliate at $200 U.S. dollars per hour until service is restored.
9. For the purpose of this agreement SPAM is defined as e-mailing ANYONE, in bulk or by single mailing, about OS, who has not specifically requested the information directly from Affiliate. OS also considers ANY type of advertisement about OS posted to a Discussion Forum to be spam. Violators may be fined at $50 U.S. dollars per incident.
10. Affiliate agrees to provide OS with a valid e-mail address upon registration. Affiliate understands that the use of an autoresponder e-mail address is prohibited.
11. Although the OS Affiliate Program is not limited to the United States of America, all payments will be made in U.S. dollars through PayPal whenever possible. Affiliate commissions shall be sent out quarterly on or about the 5th for the previous quarter's sales. We pay out commissions on January 1st, April 1st, July 1st, and October 1st.If a sale is canceled or refunded, the related commission will be deducted from a subsequent payment. The minimum commission check that will be sent out is $50. If you are not a member of PayPal, the fee to send a check will be $10.
12. Affiliate may not use their knowledge of, or association with Affiliates other than those personally sponsored to further any business undertaking other than with OS.
13. Affiliate will be issued an "Affiliate ID Number," a unique number which allows OS to identify visitors from Affiliate site as originating from Affiliate. These visitors are tracked with this unique number, and sales are recorded with the appropriate Affiliate ID. To receive commissions, Affiliate must provide their ID number to the visitor and the visitor must use that ID number to subscribe.
14. OS is not responsible for technical problems, acts by third parties, or other events outside our reasonable control which may temporarily disrupt or diminish service.
15. OS will make every reasonable effort to track and pay commissions for all sales that apply to Affiliate. However, OS is not responsible for technical problems, acts by third parties, or other events outside our reasonable control which may temporarily disrupt or diminish this service. Affiliate understands that Affiliate tracking can never be 100% accurate and OS is not responsible for inaccuracies that might occur beyond its control. Tracking of Affiliate sales depend on several factors, technical and otherwise, which are beyond the control of OS. It is the goal of OS to make Affiliate tracking as accurate as possible.
16. If there is a disagreement over the amount of the payments, both parties agree to work in good faith. If acting in good faith does not resolve the issue, both parties agree to binding arbitration in Atlanta, GA.
17. OS reserves all rights in or to its trademarks and servicemarks but may be used by Affiliate in accordance with this agreement. Affiliate may in no way display a OS logo, image, or trademark which may be distasteful, defame, or misrepresent OS.
18. Affiliate agrees not to present others' creative works—in full or in part—as his or her own nor engage in violation of copyright agreements for any reason. Such violations could result in suspension or termination of membership.
19. OS makes no warranties expressed or implied with regard to Affiliate Program except as outlined in this Agreement.
20. Both OS and the Affiliate reserve the right to terminate this agreement at any time. The term of this Agreement shall be for a period of one year from the date hereof and shall automatically renew upon each anniversary without further act of the parties unless either party has terminated this Agreement by written notice to the other. If terminated, outstanding commissions at time of termination shall be paid in the next payment so long as the terms of this agreement were not violated by the Affiliate. Payment of the final commission payment to the Affiliate may be withheld for a reasonable time in order to ensure that the correct amount is paid.
21. In the event that a provision of this Agreement is held to be invalid or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable, and the balance of the Agreement will remain in full force and effect.
22. This agreement will be governed by and construed in accordance with the laws of the State of Georgia, unless the laws of the state in which Affiliate resides expressly require the application of its laws. This agreement is further governed by and construed in accordance with the laws of the United States of America. |
