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Affiliate Program Terms & Conditions
1. General
These Terms and Conditions (the " Affiliate Agreement") govern the Oomph Cooking Blends Affiliate Program that is made available by Micheva Corp. DBA Oomph Cooking Blends, ("Oomph Cooking Blends") through the Uppromote affiliate program software platform. These Terms and Conditions represent the whole agreement and understanding between Oomph Cooking Blends and the individual or entity who participates in the Affiliate Program as an Affiliate (the "Affiliate", or "you").
Please read this agreement carefully as it represents a legally binding agreement between you and Oomph Cooking Blends. By submitting your application and by your use of the Oomph Cooking Blends Affiliate Program, you agree to comply with all of the terms and conditions set out in this Affiliate Agreement. Oomph Cooking Blends may terminate your Affiliate Account at any time, with or without notice, for conduct that is in breach of this Affiliate Agreement, for conduct that Oomph Cooking Blends believes is harmful to its business, or for conduct where the use of the Affiliate Program is harmful to any other party.
2. Referral Tracking
Oomph Cooking Blends will provide the Affiliate (you) with specific Referral Links to link products, pages, and other marketing content to Oomph Cooking Blend’s ecommerce store, www.oomphcooking.com. Uppromote (which is a referral tracking software) will track users who have visited these Referral Links using cookies, which expire after [45] days. Only users who make a purchase while the cookie is active will be considered referrals of the Affiliate and recorded as such in the Affiliate Dashboard.
The Affiliate is not authorized to modify or alter the Referral Links or the cookies in any way. Uppromote and Oomph Cooking Blends are not responsible for any tracking or reporting errors that may result from any modifications to the Referral Link or the cookies.
3. Affiliate Fees and Payouts
The Affiliate does not owe Oomph Cooking Blends any licensing fee, royalty, or other payment obligation to participate in the affiliate program in accordance with the terms of this Agreement.Â
We payout to our Affiliates once monthly, the payment occurs at the end of the month, for all Eligible Referrals (defined below) that become eligible for payment in the previous month. A referral will become eligible for payout ("Eligible Referral") after the commission holding period of 14 Days passes, but only if it meets all of these criteria:
The referred customer submits their order through the referring Affiliate's Referral Link in accordance with Section 2, above.
The payment for the order is paid in full by the referred customer.
The referred customer's account remains active and in good standing.
The referred customer's account has not had any of its payments refunded, charged back, or otherwise reversed.
The referring Affiliate has followed all Minimum Base targets in the month prior to payment:
• Minimum 1 IG post to their feed a month
• Minimum 3 IG stories a month (multiple story window suggested)
• 1 piece of content elsewhere monthly that makes sense for Affiliate, Youtube, blog, vlog, Tic Tok, newsletter, wherever else your fans are, etc
The Affiliate is entitled to receive a one-time payment of 10% of the total order value (excluding shipping, discounts, and taxes) in USD for each active Eligible Referral that is recorded in the Affiliate Dashboard. All Eligible Referrals are paid out collectively on the PAYMENT DAY at the end of the following month. Also, Affiliate can opt to receive Oomph Cooking Blends products instead of payment in cash, at a 50% discount, up to a maximum amount of $100 of product.Â
All Affiliate Fee payments will be payable in USD only, except as otherwise determined by Oomph Cooking Blends in its sole discretion or as otherwise permitted by this Affiliate Agreement. Payment will be made through PayPal to the email address specified by the Affiliate in the Affiliate Dashboard. The Affiliate is responsible for providing Oomph Cooking Blends with the full and accurate details that are required to remit payment and is solely responsible for any delays in payment resulting from its failure to do so. Oomph Cooking Blends will request a w9 to be sent for all commissions to be activated.
The Affiliate shall control the manner and means of its performance in the Affiliate Program. The Affiliate is not entitled to any salary, participation in any employee benefits, or any other compensation of any kind, other than fees paid with respect to Eligible Referrals in accordance with this Agreement.Â
Referrals will become void, and any unpaid payments owed under this Affiliates Agreement and not paid for any reason will be forfeited, after 12 calendar months.
In the event of any activity deemed suspicious by Oomph Cooking Blends, Oomph Cooking Blends may delay any payments owed under this Affiliate Agreement to verify the relevant transactions. Oomph Cooking Blends reserves the right to recalculate, void, or disqualify any otherwise Eligible Referrals and related payments in the event of any fraudulent, deceptive, or otherwise illegal activity.
4. Advertisements
Oomph Cooking Blends hereby grants the Affiliate a non-exclusive, non-transferable, limited, revocable license to use the Oomph Cooking Blends trademark, logos, advertisements, and banners for the sole purpose of promoting our service within the context of the Affiliate Program. This license will expire upon termination of the Affiliate's participation in the Affiliate Program.
The Affiliate may only display advertisements that contain Oomph Cooking Blends logos or service marks in good taste, determined in Oomph Cooking Blends' sole discretion. The Affiliate may not use Oomph Cooking Blends logos or service marks in a manner that, in Oomph Cooking Blends sole discretion, portrays Oomph Cooking Blends in a negative light.
We may, in our sole discretion, provide the Affiliate with marketing material but the Affiliate will be solely responsible for its own marketing activities. All marketing activities must be professional and in full compliance with all applicable laws. Oomph Cooking Blends may make reasonable efforts to support Affiliate, by giving topic ideas for posts, information, suggestions, group memos, stats, etc. to help affiliates sales.Â
Oomph Cooking Blends may, without prior notice, require the Affiliate to remove or modify any advertisements in Oomph Cooking Blends' sole discretion.
5. Compliance and Disclosures
If the Affiliate wishes to use images in personal social media outlets, then Affiliate agrees to comply with Truth-in-Advertising and Endorsement Guide requirements in accordance with US Federal Trade Commission guidelines (https://www.ftc.gov/tips-advice/business-center/guidance/ftcs-endorsement-guides-what-
people-are-asking). If applicable, Affiliate is solely responsible for disclosing the Affiliate’s relationship with Oomph Cooking Blends in any form of social media, clearly and conspicuously, in close proximity, and in the same mode of communication as the Content provided to the audience. Content is defined as any photo, graphic, video, text, or other means of communication on any website, social media platforms like Instagram, Facebook, YouTube, TikTok, in an email, or on any other platform or system.
6. Termination
The Affiliate may terminate the Affiliate's participation in the Affiliate Program with immediate effect by giving Oomph Cooking Blends a written notice of termination. The notice must be sent through the messaging system of the affiliate marketing software Uppromote and emailed to christine@oomphcooking.com.
Oomph Cooking Blends reserves the right to terminate the Affiliate's participation in the Affiliate Program at any time for conduct that is in material breach of this Affiliate Agreement or for conduct that Oomph Cooking Blends, in its sole discretion, deems to be harmful to its business or any third party.
Upon termination for any reason and by any party, the Affiliate will lose access to its Affiliate Dashboard and will forfeit all potential or otherwise unpaid fees owed under this Affiliate Agreement, except for payments with respect to referrals, which have been determined to be Eligible Referrals prior to the date of termination.
7. Relationship of Parties
Oomph Cooking Blends, Uppromote, and the Affiliate are independent contractors. Nothing in this Affiliate Agreement will create any partnership, employment, representative, agency, or joint venture relationship between the parties. The Affiliate has no authority to act on Oomph Cooking Blends or Uppromote’s behalf.
8. Limitation of Liability; Indemnification; Set-off
The Affiliate Program is provided on an "as is" and "as available" basis and the use of the Affiliate Program is at the Affiliate's own risk. Oomph Cooking Blends and Uppromote make no representations or warranties, either expressed or implied, with respect to the Affiliate Program, or any service or information provided through the Affiliate Program.
Oomph Cooking Blends and Uppromote are not responsible for any damages, injury, or economic loss arising from the use of the Affiliate Program. Should any part of the Affiliate Program cause damage or inconvenience to the Affiliate or anyone claiming through the Affiliate, the Affiliate assumes responsibility and the entire cost for them.
The Affiliate must avoid using any content or other intellectual property that could infringe on the IP rights of any third party. The Affiliate shall indemnify, defend and forever hold harmless Oomph Cooking Blends and Uppromote, their directors, officers, employees, agents, subsidiaries, and third parties from and against any losses, damages, liabilities, claims, judgments, settlements, fines, costs, and expenses (including reasonable related expenses, legal fees, costs of investigation) (collectively "Losses") arising out of or relating to the Affiliate's breach of any of the terms of this Agreement, infringement upon the intellectual property rights of any third party, or participation in the Affiliate Program. Oomph Cooking Blends shall have the right to offset the amount of any Losses incurred by Oomph Cooking Blends or any of its directors, officers, employees, agents, or subsidiaries and indemnifiable by Affiliate under this Agreement against any amounts Oomph Cooking Blends owes to Affiliate under this Agreement.Â
9. Modification
Oomph Cooking Blends may, in its sole discretion, change or modify this Affiliate Agreement at any time, with or without notice. Such changes or modifications shall be made effective for all Affiliates upon posting of the modified Affiliate Agreement. The Affiliate is responsible for reading this document from time to time to ensure that its use of the Affiliate Program remains in compliance with this Affiliate Agreement. The Terms and Conditions of the Affiliate Program are also available to read in Affiliate Dashboard.
If any modification is unacceptable to the Affiliate, its sole recourse shall be to terminate this Affiliate Agreement. The Affiliate's continued participation in the Affiliate Program will constitute binding acceptance of such modifications.
10. Grants of Rights / Trademarks
Affiliate hereby grants Oomph Cooking Blends a perpetual, irrevocable, royalty-free, fully-paid up, and non-restricted right to use the Content pursuant to the terms included herein. At Oomph Cooking Blend’s request,Â
Affiliate shall provide digital copies of all Content which copies shall be exact copies of the original. Affiliate further grants Oomph Cooking Blends a perpetual, irrevocable, royalty-free, and non-restricted right to (a) use, copy, exhibit, publish, reproduce, broadcast, or distribute all Content or any derivative work thereof, in any manner or form whatsoever, throughout the world via the company’s digital channels including their social media and email, as well as public relations and corporate outreach; (b) alter the Content without restriction; and (c) copyright the Content, to the extent any Content contains the name or product of Oomph Cooking Blends.
11. No Conflicting Obligations
Each party hereto represents and warrants to the other party that the execution of this Agreement and the performance of each party’s obligations hereunder will not violate any obligation such party has to any other person or entity. To the best knowledge of each party, there is no existing contract, assignment, or other commitment in conflict with this Agreement.
12. ConfidentialityÂ
For purposes of this Agreement, “Confidential Information” means all non-public confidential information pertaining to Oomph Cooking Blends and/or the Content, including unreleased images or details for upcoming product releases. Affiliate agrees to preserve the confidentiality of the Confidential Information and to treat such Confidential Information with at least the same degree of care that affiliate uses to protect his or her own confidential information of like kind or nature, but not less than a reasonable standard of care. Affiliate agrees to not use or disclose the Confidential Information other than to exercise his or her rights and perform his or her obligations under this Agreement. Affiliate’s obligations of confidentiality and non-use shall survive the termination or expiration of this Agreement in perpetuity.
14. Governing Law
This Agreement and all rights, obligations, and disputes arising out of the Agreement shall be governed by Oregon law. All disputes and litigation arising out of this Agreement shall be decided by the state courts in Oregon. The venue for all disputes and litigation shall be in Multnomah County, Oregon.
15. Miscellaneous
The Affiliate warrants and represents that it is over the age of 18 and is qualified to enter into this Affiliate Agreement.
The Affiliate warrants and represents that its actions and its participation in the Affiliate Program are in compliance with all applicable laws, rules, regulations, and any requirements of governmental authority at all times. Oomph Cooking Blends and Uppromote reserve the right to terminate the Affiliate's participation in the Affiliate Program if Oomph Cooking Blends and/or Uppromote determines, in their sole discretion, that the Affiliate's actions or its participation in the Affiliate Program are in violation of any laws, rules, regulations, or any requirements of governmental authority.
This Affiliate Agreement constitutes the entire understanding between Oomph Cooking Blends, Uppromote, and the Affiliate. This Affiliate Agreement supersedes any other contracts or understandings between the parties hereto and neither party shall be bound by any statements or representations that are not embodied in this Agreement.
Details:
Conversion action: Online purchase with a processed valid payment
Cookie days:Â 45 day(s)
Commission type: Percent of Sale
Base Commission: 10.00%
Oomph Cooking Blends prioritizes inclusivity, equity, and diversity within our company, the vendors we work with, and the community we support. Our expectations are that everyone we work with shares the same values.
Harassment, bullying, discrimination, or harmful behavior of any kind is not tolerated and we reserve the right to review any affiliate account activity at any time.
Monthly.
Affiliates will share content with their community in the following form;
• One static post
• Three multi-page stories
• One share with your community wherever you connect with them; newsletter, vlog, youtube, Tik Tok, Twitter, Pinterest, or blog postÂ
Quarterly
• A minimum of one authentic conversion is required
 Use #Oomphologist and #OomphPartner on your posts to stay FTC Compliant. Tag us at @Oomphologist for tracking.
By completing this application to become an Oomph Affiliate you agree to the commitments above.Â
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