Terms & Conditions
1. Terms and Definitions
1.1. The Oz Bullion, LLC Referral Partner Agreement ("Agreement") between Oz Bullion ("Advertiser") and the Affiliate Referral Partner ("Referral Partner"), the following terms shall have the meanings ascribed to them herein:
1.1.1. Oz Bullion, LLC Referral Partner Agreement: The initial agreement executed between Advertiser and the Referral Partner, outlining the general terms and obligations governing the Referral Partnership.
1.1.2. Referral Partner: Refers to the individual or entity who signed up on the https://affiliate.ozbullion.com, who is a party to this Agreement and has agreed to the terms and conditions outlined herein for the purpose of referring Clients to the Advertiser, and is responsible for promoting Advertiser's products and services.
1.1.3. Advertiser: Refers to a legal entity, Oz Bullion, LLC, registered and operating in accordance with applicable laws, which is a party to this Agreement and provides offers and Creatives to the Referral Partner.
1.1.4. Client: An entity referred by the Referral Partner to Advertiser who successfully purchases Advertiser's Offer.
1.1.6. Exclusive: The commitment by the Referral Partner to work exclusively with Advertiser, and not engage in similar Referral Partnerships with other Mints, Coin Shops, or Gold and Silver related company companies during the term of this Agreement.
1.1.7. Good Standing: The status of the Referral Partner when they are in compliance with the terms and conditions of this Agreement, including exclusivity requirements and ongoing Referral Partner quotas.
1.1.8. Effective Date: The date on which this Agreement becomes legally binding and effective is when the Advertiser accepts the Referral Partner's request to join the Oz Affiliate Network program.
1.1.9. Creative: All Creative materials provided by Advertiser to Referral Partner, including text ads, graphic ads, video ads, form and subject lines, and copy associated with the Offer.
1.1.10. Offer: The product or service offered by the Advertiser that the Referral Partner promotes.
1.1.11. Commission: The amount paid by the Advertiser to the Referral Partner for each "Qualified Action".
1.1.12. Qualified Action: A specific action or event, as determined by Advertiser, for which the Referral Partner is eligible to receive a Commission.
1.1.13. Email Marketing: The practice of using email as a marketing tool.
1.1.14. CAN-SPAM Act: Refers to the federal CAN-SPAM Act of 2003, 15 U.S.C. 7704, which sets standards for commercial email and includes regulations for sending promotional emails.
1.1.15. Opt-out Request: A recipient's request to stop receiving future emails from the Advertiser or Referral Partner, as required by anti-spam laws.
1.1.16. Termination: The act of ending or canceling this Agreement by either party, which may result in forfeiture of unpaid Commissions by the Referral Partner.
1.1.17. Indemnification: The obligation of the Referral Partner to protect, compensate, and defend the Advertiser against claims, losses, or damages incurred due to the Referral Partner's actions or omissions.
1.1.18. Governing Law: The law of the State of Utah, which governs the terms and conditions of this Agreement.
1.1.19. Binding Arbitration: A dispute resolution method where the parties agree to submit disputes to a neutral third party (arbitrator) rather than going to court.
1.1.20. Attorney's Fees: The legal expenses and costs incurred by Advertiser in enforcing this Agreement.
1.1.21. Referral Partnership: The relationship between Advertiser and Referral Partner.
1.1.22. Monthly Reporting: The regular provision of a detailed report by Advertiser to Referral Partner, summarizing the Commissions owed for the previous month.
1.1.23. ACH (Automated Clearing House): A secure electronic funds transfer system used for the direct deposit of Commissions to Referral Partner's bank account.
1.1.24. Bank Account Information: Refers to the necessary financial details provided by Referral Partner to facilitate the direct deposit of Commissions, including the account holder's name, the name of the financial institution, account number, and routing number.
1.1.25. Timely Transfer: The initiation of ACH transfers to Referral Partner's bank account by Advertiser no later than thirty (30) business days following the Monthly Reporting.
1.1.26. Discrepancies: Any inconsistencies, errors, or concerns related to the Commissions as reported in the monthly report, which Referral Partner may bring to the attention of Advertiser.
1.1.27. Standard Offering: Refers to the sales originating from the referral link.
1.1.28. Standard Compensation: Payments made to a Referral Partner for the Standard
Offering.
1.1.29. Clicks: Refers to the measurable action of a user clicking on an affiliate's unique tracking link or banner, which redirects them to the advertiser's website. These clicks are a fundamental metric used to track the effectiveness of the affiliate marketer's promotional efforts in driving traffic to the advertiser's website.
1.1.30. Referral Partner Link: The Referral Partner’s unique URL and exclusive link provided by Advertiser. This link is used by the Referral Partner to promote the company's products or services. When a user clicks on the referral partner link and makes a purchase, the Referral Partner is entitled to receive Commission, as defined in Addendum A.
1.2. All terms defined herein shall have the same meaning when used in both this Addendum A and the main Referral Partner Agreement unless explicitly stated otherwise.
2. Offers & Creatives
2.1. Advertiser shall make available to Referral Partner all Creative materials such as text ads, graphic ads, video ads, from and subject lines, and copy associated with the Offer (collectively, the “Creative”.) Referral Partner shall display each Creative exactly as it is provided by Advertiser. Referral Partner shall not make any additional representations, warranties or other statements concerning Advertiser or any of Advertiser’s products or services. If Referral Partner creates or designs any Creative, Referral Partner shall first receive Advertiser’s prior written approval before disseminating. Failure to seek approval from Advertiser for a Referral Partner designed Creative will result in an immediate Termination of this agreement and forfeiture of any unpaid “Commissions” (defined above.)
3. Payment
3.1. Advertiser shall pay Referral Partner an amount (“Commission”) for each “Qualified Action,” as determined in Addendum A. Advertiser shall not be liable to pay for a Qualified Action that Advertiser determines (in its sole discretion) is incomplete, duplicate, unqualified, results in a refund or chargeback by the end consumer, or was generated by fraud, a violation of applicable law, or a breach of this Agreement. Advertiser’s determination of whether a Qualified Action has occurred is final and conclusive. All tracking and determinations of Qualified Actions shall be made by Advertiser in its sole discretion.
4. Email Marketing & Anti-Spam Policy
4.1. If Email Marketing is used by Referral Partner, the Referral Partner shall comply with the federal CAN-SPAM Act of 2003, 15 U.S.C. 7704, and all state laws and regulations concerning Email Marketing, including but not limited to Cal. Bus. and Prof. Code 17529.5 et seq. Emails shall include a clear and conspicuous notice of the recipient’s right to opt-out of receiving future emails from Advertiser, and a functioning return email address or other Internet-based mechanism that a recipient may use to make such an “Opt-out Request” from Advertiser. Emails must have truthful, accurate, and non-misleading “from” lines. All emails sent by Referral Partner shall be delivered only to addresses on email lists owned or managed solely by Referral Partner. Referral Partner shall not send email messages to email addresses that have been improperly obtained, through scripts or other automated means of registering for multiple email accounts, “scraping” of websites, or by harvesting addresses from the Internet.+
4.2. WEBSITE DISCLAIMER
The information provided by us ("we," "us," or "our") on this site (the “Site”) and our mobile application is for general informational purposes only. All information on the Site and our mobile application is provided in good faith, however we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability, or completeness of any information on the Site or our mobile application. UNDER NO CIRCUMSTANCE SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR OUR MOBILE APPLICATION OR RELIANCE ON ANY INFORMATION PROVIDED ON THE SITE AND OUR MOBILE APPLICATION. YOUR USE OF THE SITE AND OUR MOBILE APPLICATION AND YOUR RELIANCE ON ANY INFORMATION ON THE SITE AND OUR MOBILE APPLICATION IS SOLELY AT YOUR OWN RISK.
EXTERNAL LINKS DISCLAIMER
The Site and our mobile application may contain (or you may be sent through the Site or our mobile application) links to other websites or content belonging to or originating from third parties or links to websites and features in banners or other advertising. Such external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability, or completeness by us. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OFFERED BY THIRD-PARTY WEBSITES LINKED THROUGH THE SITE OR ANY WEBSITE OR FEATURE LINKED IN ANY BANNER OR OTHER ADVERTISING. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
AFFILIATES DISCLAIMER
The Site and our mobile application may contain links to affiliate websites, and we receive an affiliate commission for any purchases made by you on the affiliate website using such links. Our affiliates include the following:
TESTIMONIALS DISCLAIMER
The Site may contain testimonials by users of our products and/or services. These testimonials reflect the real-life experiences and opinions of such users. However, the experiences are personal to those particular users, and may not necessarily be representative of all users of our products and/or services. We do not claim, and you should not assume, that all users will have the same experiences. YOUR INDIVIDUAL RESULTS MAY VARY.
The testimonials on the Site are submitted in various forms such as text, audio and/or video, and are reviewed by us before being posted. They appear on the Site verbatim as given by the users, except for the correction of grammar or typing errors. Some testimonials may have been shortened for the sake of brevity where the full testimonial contained extraneous information not relevant to the general public.
The views and opinions contained in the testimonials belong solely to the individual user and do not reflect our views and opinions. We are not affiliated with users who provide testimonials, and users are not paid or otherwise compensated for their testimonials.
5. Term
5.1. This Agreement shall commence on the Effective Date and shall continue in full force and effect until terminated as provided herein.
6. Monthly Reporting
6.1. Advertiser shall provide a detailed report to Referral Partner on a monthly basis, no later than the 10th of each month, outlining the Commissions owed to Referral Partner for the previous month. This report shall include a breakdown of each Qualified Action, the corresponding Commission amount, and any adjustments or deductions as per the terms of this Agreement.
6.2. Referral Partner acknowledges that the accuracy of the report is subject to Advertiser's tracking and determination of Qualified Actions.
7. Method of Payment:
7.1. Advertiser shall make payments to Referral Partner through direct deposit via Automated Clearing House (ACH). Referral Partner shall provide Advertiser with the necessary Bank Account Information to enable ACH transfers.
7.2. Referral Partner agrees to maintain accurate and up-to-date Bank Account Information with Advertiser to facilitate the timely and secure transfer of Commissions.
7.3. Advertiser shall initiate ACH transfers to the bank account provided by Referral Partner no later than ten (10) business days following the Monthly Reporting.
7.4. In the event of any Discrepancies or concerns regarding the Commissions, Referral Partner shall notify Advertiser in writing within five (5) business days of receiving the monthly report.
8. Bank Account Information:
8.1. Referral Partner shall provide Advertiser with accurate and complete Bank Account Information, including the account holder's name, financial institution name, account number, and routing number.
8.2. Referral Partner acknowledges that the security and confidentiality of their Bank Account Information are of utmost importance, and Advertiser shall take reasonable measures to protect and secure this information.
8.3. By executing this Agreement, Referral Partner agrees to the Monthly Reporting and payment procedures outlined herein, including the provision of accurate Bank Account Information. Advertiser shall use reasonable efforts to ensure the security and confidentiality of the provided Bank Account Information.
9. Termination
9.1. Advertiser may immediately terminate this Agreement without further compensation to Referral Partner if at any time Referral Partner breaches this Agreement, engages in fraud, or violates any applicable state, federal, or local law, rule, or regulation. If the Agreement is terminated for the reasons stated in this section, Referral Partner shall forfeit any unpaid Commissions. Upon Termination of this Agreement, either for or without cause, Referral Partner shall immediately cease disseminating the Creatives.
10. Effect of Termination
10.1. Upon Termination of this Agreement, all rights and obligations of the parties shall cease, except for those provisions that, by their nature, should survive Termination, including but not limited to, Sections related to confidentiality, liabilities, and Indemnification.
11. Ownership of Materials
11.1. All intellectual property rights, including trademarks, logos, and promotional materials provided by Advertiser, shall remain the sole property of Advertiser. The Referral Partner shall have a limited, non-exclusive, revocable license to use such materials solely for the purpose of promoting Advertiser's products or services during the term of this Agreement.
12. Confidential Information
12.1. Both parties agree to maintain the confidentiality of all non-public information shared during the course of this Agreement, including but not limited to customer data, trade secrets, and proprietary information.
13. Duration of Confidentiality
13.1. The obligations of confidentiality under this Agreement shall survive the Termination or expiration of this Agreement and shall continue for a period of seven (7) years thereafter.
14. Liabilities
14.1. Each party shall be responsible for its own actions and shall not be liable for the actions or representations of the other party. The Referral Partner shall indemnify and hold Advertiser harmless against any claims, costs, and liabilities arising from the Referral Partner's activities under this Agreement.
15. Independent Contractor Relationship
15.1. Referral Partner is an Independent Contractor with the Advertiser, and nothing in this Agreement is intended to, or should be construed to, create a bonafide partnership, agency, joint venture or employment relationship. Referral Partner shall not be entitled to any of the benefits that the Company may make available to its employees, including, but not limited to, group health or life insurance, profit sharing, or retirement benefits, except as expressly stated in this Agreement. Referral Partner is not authorized to make any representation, contract, or commitment on behalf of the Company unless specifically requested or authorized in writing to do so by an executive officer of the Company.
Referral Partner is solely responsible for, and will file, on a timely basis, all tax returns and payments required to be filed with, or made to, any federal, state, or local tax authority with respect to the performance of services and receipt of fees under this Agreement. Referral Partner is solely responsible for, and must maintain adequate records of, expenses incurred in the course of performing services under this Agreement.
Advertiser will not withhold for the payment of any social security, federal, state, or any other employee payroll taxes payable with respect to Referral Partner. Advertiser will, as applicable, regularly report amounts paid to Referral Partner by filing Form 1099-NEC with the Internal Revenue Service as required by law.
16. Dispute Resolution
16.1. In the event of any dispute or claim arising out of or in connection with this Agreement, the parties agree to first attempt to resolve the dispute through good-faith negotiations. If the dispute cannot be resolved through negotiations, the parties agree to arbitration as the method of dispute resolution. The venue for any legal action shall be Weber County Utah.
17. Compliance
17.1. The Referral Partner agrees to comply with all applicable federal, state, and local laws and regulations while promoting Advertiser's products or services. The Referral Partner shall conduct its business ethically and legally.
18. Non-Solicitation
18.1. During the term of this Agreement and for twelve months thereafter, the Referral Partner agrees not to solicit or recruit customers, other Referral Partners of Advertiser, or Independent Contractors for any competing business or venture.
19. Modification
19.1. This Agreement may only be amended in writing and signed by both parties. Advertiser reserves the right to modify the compensation terms in Addendum A upon 30 days' written notice to the Referral Partner.
20. Force Majeure
20.1. Neither party shall be liable for any delay or failure to perform its obligations under this Agreement due to circumstances beyond its reasonable control, including acts of God, natural disasters, strikes, and unforeseeable events.
21. Governing Law
21.1. This Agreement shall be governed by the law of the State of Utah, without regard to its conflict of law provisions. If any dispute arises under this Agreement, the parties agree to submit the dispute to Binding Arbitration in the State of Utah, conducted under the rules of the American Arbitration Association. Referral Partner shall be responsible for the payment of all Attorney's Fees and expenses incurred by Advertiser to enforce this Agreement.
22. Severability
22.1. If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the validity, legality, or enforceability of the remaining provisions shall not in any way be affected or impaired.
23. Entire Agreement
23.1. This Agreement, including all addendums and amendments, constitutes the entire agreement between the parties and supersedes all prior agreements, understandings, and representations, whether written or oral.
24. Notices
24.1. Any notices or communications required or permitted under this Agreement shall be in writing and sent to the respective parties at the addresses provided.
25. Indemnification
25.1. Each Party shall indemnify, defend and hold harmless the other Party and its subsidiaries and parent companies against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees and costs) (collectively “Claims”) based on, related to, or resulting from any act or omission by each Party, including (i) any breach or violations of this Agreement, including any representation, warranty, covenant, restriction or obligation made a Party (ii) any misuse of the Creatives (iii) the negligence or willful misconduct of a Party (vi) the violation or infringement of the intellectual property rights of any third party; or (viii) fraud.
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