By filling out the signup form you acknowledge that you have read the terms and conditions below for the Oates Specialties LLC (www.OatesSpecialties.com) AFFILIATE Program, understand, and agree with them.
This Affiliate Participation Agreement contains the terms and conditions that apply to your participation as a member of the Affiliate Program for Oates Specialties LLC (www.oatesspecialties.com).
(1) Term of the Agreement: The term of this Agreement will begin upon Oates Specialties acceptance of your Affiliate application and will end when terminated by either party (Oates Specialties or the affiliate). Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. You are only eligible to earn referral fees on sales occurring during the term.
(2) Modification: Oates Specialties may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on this site. Modifications may include, for example, changes in the scope of available referral fees, fee schedules, payment procedures and Program rules.
IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
(3) Limitation of Liability: We will not be liable for indirect, special or consequential damages, or any loss of revenue, profits or data, arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under to this Agreement.
(4) Referral Commissions and Payments Procedures: The amount of referral commissions due to affiliates will be as follows: For an online sale, which we make as a result of a direct link from the affiliate's website, that affiliate will receive a ten (10) percent commission fee of the selling price of the product sold (not including radar units, shipping and handling, or taxes). This is known as a referral commission.
Oates Specialties will pay Affiliates thirty days (30) after the end of each calendar month for all commissions earned during the prior month, less any taxes we may be required to withhold, and less any amount Oates Specialties determines, in its sole discretion, was not validly earned from proper use of the link on affiliate's web site. The affiliate website must have at least one visible and active link to OatesSpecialties.com that is readily accessible by website visitors at all times to be eligible for commission payment.
A commission will only be credited to an affiliate after the customer has made full payment to Oates Specialties. If a customer later requests a refund or a chargeback is issued by the credit card holder whose credit card was used to pay for that customer's account, any commissions that were credited to affiliates will be deducted from the next monthly payment. If there is no next monthly payment, the affiliate will be billed and hereby agrees to be bound by law to reimburse Oates Specialties in full for any such commissions.
Payments will be issued via check only, made payable to the affiliate in the name the affiliate submits in his or her online registration, and mailed to the mailing address provided by the affiliate. Affiliates must have accumulated eligible commissions of at least $50 for a given payment period before a check will be issued. If eligible commissions are less than $50 when the monthly commission report is generated, the commissions will be held over till the next month. This will continue until the eligible commissions accumulate to more than $50.
(5) Tracking of Sales: Oates Specialties will be solely responsible for tracking sales using special software that communicates with the specially encoded URLs assigned to affiliates. Oates Specialties uses a cookie-based tracking system which places a tracking cookie onto the computer of the person using the affiliate link. Once placed, the cookie remains active for 30 days unless it is removed or cleared from the computer. Oates Specialties will endeavor to do its best to ensure accurate tracking of referrals made by affiliates. Affiliates will themselves be solely responsible for ensuring that these special URLs are formatted properly, a necessary prerequisite to accurate tracking of referral sales.
Notwithstanding the above statement of responsibility by Oates Specialties to track sales, affiliates hereby acknowledge and accept that the tracking system employed by Oates Specialties is not 100% fail-safe and that there may on occasion be instances of referral sales made that are not credited to an affiliate for any of, but not limited to, the following possible reasons:
(7) Independent Contractor: The relationship between Oates Specialties and the affiliate is that of an independent contractor and nothing in this Agreement or in any other document is intended to or will create any form of partnership, joint venture, agency, franchise, sales representative, or employment relationship.
(8) Assignment: You may not assign this Agreement or any of your rights or delegate any of your obligations under this Agreement, by operation of law or otherwise, without our prior written consent, and any such attempted assignment shall be void. Subject to such restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns.
(9) Governing Law: This Agreement will be governed by the laws of the United States and the State of Texas, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Houston, TX, and you irrevocably consent to the jurisdiction of such courts.
(10) Entire Agreement: This Agreement represents the complete agreement and understanding between Oates Specialties and the affiliate and supersedes any other oral or written communications or understandings between us and you regarding the subject matter hereof. No amendment or modification to this Agreement will be binding upon us unless agreed to by an authorized representative of Oates Specialties LLC.
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