Welcome to Ophena! Thanks for joining our Affiliate program.
These following terms and conditions apply to individuals who are accessing or using the Program both as a merchant (“we” or “merchant”) and an affiliate (“you” or “affiliate”) who refers customers to use product or service from the merchant.
By participating in the Program, Affiliate agrees to use the Program in the manner specified in, and are bound by, these Terms and Conditions. If you do not agree to these Terms and Conditions in their entirety you are not authorized to register as an Affiliate or participate in the Program in any manner.
1. Approval or Rejection of the Application
We reserve the right to approve or reject ANY Affiliate Program Application in our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Affiliate Program Application.
2. Commissions
As an affiliate you can request a payout of your commission once it exceeds 100€. For an Affiliate to receive a commission, the referred customer must have completed the payment and received and owned the product for 90 days, which is the period covered by our money-back guarantee plus a period for shipments of potential returns. Transactions that result in chargebacks or refunds will not be paid out. In case of pre-orders, the commission can be requested before the customer has received the product. In case of a refund for an already paid out commission, the lost commission will be deducted from future commission payouts.
You cannot refer yourself, and you will not receive a commission on your own accounts. There is no limit of commissions per referral. Commissions will be paid on the value of the customer’s first checkout. Taxes and shipping costs are excluded from the commission calculation. Orders from returning customers will not be taken into account, except they again come directly through the referrers affiliate link.
The referral-referrer association is handled through a cookie that is placed on the visitor’s / customer’s browser. This cookie expires after 30 (thirty) days. Hence, a transaction will only be associated with you, if it is completed within this time frame of 30 (thirty) days after clicking the referral link. We always credit the last affiliate who referred the customer.
2.1 Commission Payouts
Generally, commission will be paid by PayPal. We cannot send checks, credit credit cards, or send cash. If you require wire transfer or a different method, please let us know and we see what we can do. Otherwise, if you don't have a PayPal account you can sign up for one at any time.
Commission is paid out in Euro. If you prefer a payout in another currency( e.g. USD or GBP), please let us know and we can in many cases accommodate.
In order to pay out commission, we require you to send us an invoice with the commission amount stated and in line with laws and regulations. You are solely responsible for declaring taxes, bookkeeping and similar. If you are an EU-business and have a VAT ID you must apply the reverse charge mechanism.
3. Termination
Your affiliate application and status in the Program may be suspended or terminated for any of the following reasons:
- Inappropriate advertisements (false claims, misleading hyperlinks, etc.).
- Spamming (mass email, mass newsgroup posting, etc.).
- Advertising on sites containing or promoting illegal activities.
- Failure to disclose the affiliate relationship for any promotion that qualifies as an endorsement under existing Federal Trade Commission guidelines and regulations, or any applicable state laws, country laws or other regulations within the jurisdiction you operate in.
- Violation of intellectual property rights. Ophena reserves the right to require license agreements from those who employ trademarks of Ophena in order to protect our intellectual property rights.
- Offering rebates, coupons, or other form of promised kick-backs from your affiliate commission as an incentive. Also adding bonuses or bundling other products with Ophena is not accepted.
- Self referrals, fraudulent transactions, suspected Affiliate fraud.
In addition to the foregoing, Ophena reserves the right to terminate any Affiliate account at any time, for any violations of this Agreement or no reason.
4. Affiliate Links
You may use graphic and text links both on your website and within your email messages. You may also advertise the Ophena site in online and offline classified ads, magazines, and newspapers.
You may use the graphics and text provided by us, or you may create your own as long as they are deemed appropriate according to the conditions and not in violation as outlined in Condition 3.
5. Coupons and Deal Sites
Ophena occasionally offers coupons to select affiliates and to our newsletter subscribers. If you’re not pre-approved / assigned a branded coupon, then you’re not allowed to promote the coupon. Below are the terms that apply for any affiliate who is considering the promotion of our products in relation to a deal or coupon:
- Affiliates may not use misleading text on affiliate links, buttons or images to imply that anything besides currently authorized deals to the specific affiliate.
- Affiliates may not bid on Ophena Coupons, Ophena Discounts or other phrases implying coupons are available.
- Affiliates may not generate pop-ups, pop-unders, iframes, frames, or any other seen or unseen actions that set affiliate cookies unless the user has expressed a clear and explicit interest in activating a specific savings by clicking on a clearly marked link, button or image for that particular coupon or deal. Your link must send the visitor to the merchant site.
- User must be able to see coupon/deal/savings information and details before an affiliate cookie is set (i.e. “click here to see coupons and open a window to merchant site” is NOT allowed).
- Affiliates may not share their coupon to coupon-distributing websites.
- Affiliate sites may not have “Click for (or to see) Deal/Coupon” or any variation, when there are no coupons or deals available, and the click opens the merchant site or sets a cookie. Affiliates with such text on the merchant landing page will be removed from the program immediately.
6. Pay Per Click (PPC) Policy
PPC bidding is NOT allowed without prior written permission.
7. Liability
Ophena will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate tracking failures, loss of database files, or any results of intents of harm to the Program and/or to our website(s).
We do not make any expressed or implied warranties with respect to the Program and/or the memberships or products sold by Ophena. We make no claim that the operation of the Program and/or our website(s) will be error-free and we will not be liable for any interruptions or errors.
8. Term of the Agreement
The term of this Agreement begins upon your acceptance in the Program and will end when your Affiliate account is terminated.
The terms and conditions of this agreement may be modified by us at any time. If any modification to the terms and conditions of this Agreement are unacceptable to you, your only choice is to terminate your Affiliate account. Your continuing participation in the Program will constitute your acceptance of any change.
9. Indemnification
Affiliate shall indemnify and hold harmless Ophena and its affiliate and subsidiary companies, officers, directors, employees, licensees, successors and assigns, including those licensed or authorized by Ophena to transmit and distribute materials, from any and all liabilities, damages, fines, judgments, claims, costs, losses, and expenses (including reasonable legal fees and costs) arising out of or related to any and all claims sustained in connection with this Agreement due to the negligence, misrepresentation, failure to disclose, or intentional misconduct of Affiliate.
10. Governing Law, Jurisdiction, and Attorney Fees
This Agreement shall be governed by and construed in accordance with the laws of Sweden. Any dispute arising under or related in any way to this Agreement shall be adjudicated exclusively in the state courts located in Sweden.
In the event of litigation to enforce any provision of this Agreement, the prevailing party will be entitled to recover from the other party its costs and fees, including reasonable legal fees.
11. Electronic Signatures Effective
The Agreement is an electronic contract that sets out the legally binding terms of your participation in the Ophena affiliate program. You indicate your acceptance of this Agreement and all of the terms and conditions contained or referenced in this Agreement by completing the Ophena application process. This action creates an electronic signature that has the same legal force and effect as a handwritten signature.
11. Privacy Statement
By signing up, you further agree to our Privacy Statement and General Terms and Conditions, both of which are available on our website.
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