To be eligible for the Program, you must be at least 18 years of age, submit a Program application containing all the information requested, including accurate and complete contact and payment information and accept the Program Terms and Policy.
By applying for the Oakwood Affiliate Program and clicking on the apply button, you acknowledge that you have read this agreement and agree to all its terms and conditions. You are also signifying that you have independently evaluated this program and are not relying on any representation, guarantee or statement other than as set forth in this agreement. You are also in agreement to be presently bound by the terms of this agreement to the same extent as if you had personally signed this agreement.
Oakwood Business Group Limited (“Company”) herein referred to as Oakwood, operates the www.oakwoodbranding.comWeb site. As part of its Web site, Oakwood offers the Oakwood Affiliate Program (the “Program”), through which approved Affiliates (the “Affiliates”), providing marketing services through owned or third party websites, subscription services, promotional services, and/or syndicated services are granted a limited, non-exclusive right to: (i) advertise and promote Oakwood’s products and services and the Oakwood web site in a manner in compliance with this Agreement (defined below); (ii) post or circulate an approved graphical or textual internet hyper-link (the “Link”) to the Oakwood web site; and (iii) direct visitors to the web site (the specific URL) designated by Oakwood (the “Destination Site”).
Affiliates are offered the opportunity to earn a commission for referring visitors to the Oakwood web site who complete the Transaction required under the Program on the Oakwood’s Destination Site. The commission rate will be set forth within the Affiliate Program Terms for Oakwood and may be changed from time to time by Oakwood with seven (7) days written notice through the web interface herein referred to as Refersion Interface, with effect from the 8th day (or such later date as specified by Oakwood). Payment of commissions earned by Affiliates for valid Oakwood transactions shall be made by Oakwood in accordance with the terms of the Affiliate Program.
1.1 Valid Oakwood Transactions are defined as successful purchase transactions of qualified goods and services taking place in the Oakwood shopping cart.
1.2 An Affiliate is eligible for commissions on the initial purchase of services only, any additional or subsequent purchases, including the customer’s addition of accounts or upgrades are not eligible. Renewals of existing services are not eligible for commissions.
1.3 New customer transactions will be tracked separately from returning customer transactions and will be paid according to the commission amounts listed in the Program Terms.
1.4 Services must remain open and paid for a period of 60 days (also referred to as cookie days) in order to be eligible for commissions.
1.5 Affiliates are not eligible for commissions on third party services that accompany the Oakwood products and services.
2.1 Participation in the Program is subject to Oakwood’s approval. Prospective Affiliates must first submit an application to Oakwood through its Web site in order to become an approved Affiliate eligible to post Links to the Oakwood Web site and earn commissions. After the application has been submitted, Oakwood will have the option of approving or declining the application for any reason or no reason.
2.2 If approved, the Affiliate/You will have already acknowledged acceptance of this Agreement by having completed the Program application form and clicked through the “Apply” button, thereby assenting to the Terms and Conditions of the Program between Oakwood and Affiliates (also referred to as this “Agreement”). This Agreement shall apply only to approved Affiliates who accept the Terms and Conditions of the Program and only Affiliates who accept this Agreement may participate in the Program.
2.3 Other than for the payment of commissions, an Affiliate shall have no claims to any additional compensation, commissions or business derived by or through Oakwood’s Destination Site.
2.4 Participation in the Program does not constitute an employment, broker or agency relationship between an Affiliate and Oakwood nor does it create any partnership, joint venture, franchise, or sales representative relationship between the parties.
3. ADVERTISING REQUIREMENTS AND EXCLUSIONS
3.1 You agree to use only the Oakwood-approved banners, videos, graphics, articles, and ad text found within the Program. You will not alter or revise Oakwood’s creatives, content or Links without prior approval. Publishers must obtain express written authorization from Oakwood regarding the use of any custom creatives or use of any Oakwood intellectual property.
3.2 You agree to only use the Affiliate Link that is specifically supplied to You through the Program. Any and all commissions earned on sales in violation of the above policy, will be reversed. Oakwood does not pay commissions on purchases made by customers with the following Links: a link not supplied through the Program, a link supplied in Oakwood’s customer emails, and any link whose landing page that it is “not compatible with the affiliate program”.
3.3 You agree to assume all responsibility for, and risk associated with, all content you submit, transmit, email, upload, link to, display, disseminate, facilitate access to or otherwise make available in connection with your participation in the Program. This includes any reliance on the accuracy, completeness, truthfulness, appropriateness, legality or usefulness of such content. You warrant and represent that you possess all legal right to, or have obtained all necessary permissions to use any and all content you make available or use in connection with your participation in the Program.
3.4 You agree that the use of “cookie stuffing” techniques that set the Oakwood tracking cookie without the user actually clicking on the affiliate link (e.g. a 1×1 pixel iframe) is strictly prohibited.
3.5 You agree not to refer visitors or complete Transactions through illegal or fraudulent means, including, without limitation: (i) domain speculation; (ii) email, forum, blog or social media SPAM; (iii) forced iframes; (iv) through CPC ads using the Oakwood marks or in any way exploiting the Oakwood brand name; or (v) through any other means which Oakwood determine, in their sole discretion, is questionable;
3.6 You agree that Your web site shall not in any way copy or resemble the look and feel of Oakwood web site, and You shall not create the impression that Your site is a part of Oakwood’s sites. You shall not use Oakwood’s trademarks, or any variation or misspellings thereof, in Your URL, company name, business name or site name. You shall not frame or permit the framing of any page of Oakwood’s network.
3.7 You may not use any mark of Oakwood or any variation thereof, in any manner not expressly authorized by this Agreement. In particular, You may not use any mark of Oakwood, or any variation thereof, directly or indirectly in (a) metatags, (b) in hidden text, page titles or source code, (c) in Your domain or sub-domain, and/or (d) any other manner. You may not engineer Your site in such a manner that pulls Internet traffic away from Oakwood’s website. You agree to not utilize, advertise or otherwise promote, any mark of Oakwood in the headline or description copy associated with pay-for-placement search engines or paid search engine advertising. Unless You have explicit, written approval from Oakwood, You may not bid on any mark of Oakwood (including trademark+), on any pay-for-placement search engines. If Oakwood determines, in its sole discretion that You have violated any of the foregoing prohibitions, Oakwood may seek any and all remedies available to it, including, among other things, the immediate termination of this Agreement and/or the commencement of an action by Oakwood against You seeking, without limitation, injunctive relief and/or recovery of actual, statutory and/or punitive damages. Further, You acknowledge and agree that You shall have no right to receive any commissions on any sales You generate or assist in generating during any times when You are in violation of this Agreement or other policies of Oakwood.
3.8 Affiliates are required to comply with all regulations related to advertising, including, without limitation, laws which may require that material connections between advertisers and endorsers be disclosed. Essentially, directories, blogs and other websites, email or other collateral that purport to provide an endorsement or assessment of Oakwood must prominently disclose the fact financial or in-kind compensation is provided from the advertiser.
3.9 Additionally, You agree to abide by all Policies as specified in the Program Terms.
4. TERM AND TERMINATION
4.1 The term of this Agreement shall be continuous, unless and until either party properly terminates this Agreement and the relationship, in accordance with the following: (i) Oakwood shall provide Affiliates with seven (7) days written notice via the Refersion Interface, except as provided for in Section 4.2 below; or (ii) Affiliate shall use the automated system within the Refersion Interface to expire the affiliation and Publisher shall comply with Sections 4.4(v) and 4.4(vi) below.
4.2 This Agreement may be terminated immediately by Oakwood in the event that Affiliate violates this Agreement.
4.3 Upon any termination of this Agreement, Oakwood and the Affiliate will be released from all obligations and liabilities to the other party occurring or arising after the date of such termination or the transactions contemplated hereby, except with respect to those obligations which by their nature are designed to survive termination or as provided herein, provided that no such termination will relieve the Affiliate from any liability arising from any breach of this Agreement occurring prior to termination.
4.4 Upon termination of this Agreement, (i) Oakwood’s acceptance of additional referrals obtained through the Affiliate shall not constitute a continuation or renewal of this Agreement or a waiver of such termination, (ii) An affiliate shall be entitled only to those unpaid commissions, if valid, earned by the affiliate on or prior to the date of termination, (iii) An affiliate shall in no event be entitled to commissions with respect to any amount of valid referrals delivered after the date of termination, (iv) all rights and licensees of the Affiliate hereunder shall immediately terminate, (v) An affiliate shall cease all uses of any trade names, trademarks, service marks, logos and other designations of Oakwood or the Program, and (vi) an affiliate shall remove all Oakwood links.
5. ADDITIONAL TERMS
5.1 The provisions of this Agreement are severable. If any provision of this Agreement, or the application thereof to any person or circumstance shall be deemed invalid or unenforceable under any applicable law, such invalidity or unenforceability shall not affect the other provisions of this Agreement that can be given effect.
5.2 No delay or failure by Oakwood in exercising any right under this Agreement, and no partial or single exercise of that right, shall constitute a waiver of that or any other right.
5.3 The rights and remedies of Oakwood are not mutually exclusive; that is, the exercise of one or more of the provisions hereof shall not preclude the exercise of any other provision hereof.
5.4 This Agreement shall be deemed a mutual agreement and shall not be construed and/or interpreted in favor or against either party on the basis of preparation of the Agreement.
5.5 By completing the Program application form through the Oakwood website, and by clicking–through the “Apply” button signals that you are acknowledging Your reading of this Agreement, You execute, accept, enter into, and become a party to this Agreement, effective on the date of such acceptance to this Agreement.
5.6 Oakwood reserves the right to modify the terms and conditions of this Agreement in its sole discretion upon seven (7) days written notice through the Refersion Interface with effect from the 8th day (or such later date as specified by Oakwood) to the Affiliate. If any modification is unacceptable to the affiliate, his/her sole recourse is to terminate this Agreement by expiring the relationship and/or rejecting the new Program Term offered. An Affiliate’s continued participation in the Program by accepting the newly offered Program Term with new terms and conditions for this Agreement constitutes the affiliate’s binding acceptance to the change.
5.7 This Agreement shall be governed by the laws of the Republic of Kenya. The exclusive forum for any actions related to this Agreement shall be in the Kenyan Courts. Affiliates consents to such venue and jurisdiction. Official notices to Oakwood should be sent to:
Oakwood Business Group Limited
YOU ACKNOWLEDGE THAT YOU HAVE NOT RELIED ON ANY WARRANTIES RELATED TO THE PROGRAM OTHER THAN THE EXPRESS STATEMENTS IN THIS AGREEMENT, PROGRAM, LINKS, PRODUCTS AND SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED TO AFFILIATE “AS IS”. TO THE FULLEST EXTENT OF THE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.
OAKWOOD DOES NOT WARRANT THAT THE PROGRAM OR LINKS WILL MEET AFFILIATE’S SPECIFIC REQUIREMENTS OR THAT THE OPERATION OF THE PROGRAM OR LINKS WILL BE COMPLETELY ERROR- FREE OR UNINTERRUPTED. OAKWOOD EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY ACT OR OMISSION OF A CLIENT OR THEIR PRODUCTS OR SERVICES. OAKWOOD DOES NOT GUARANTEE THAT AFFILIATE WILL EARN ANY SPECIFIC AMOUNT OF COMMISSIONS.
7. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT OF THE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY UNAVAILABILITY OR INOPERABILITY OF THE LINKS, PROGRAM SITES, TECHNICAL MALFUNCTION, COMPUTER ERROR, CORRUPTION OR LOSS OF INFORMATION, OR OTHER INJURY, DAMAGE OR DISRUPTION OF ANY KIND BEYOND OUR CONTROL. TO THE FULLEST EXTENT OF THE LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR LOSS OF BUSINESS OPPORTUNITY, EVEN IF SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF. OUR CUMULATIVE LIABILITY TO AFFILIATE, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO THE AMOUNTS WE PAID TO YOU DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO SUCH CLAIM.
© 2019 Oakwood Business Group Limited
BY APPLYING FOR THE OAKWOOD AFFILIATE PROGRAM AND CLICKING ON THE APPLY BUTTON, YOU ARE SIGNIFYING YOUR AGREEMENT TO BE PRESENTLY BOUND BY THE TERMS OF THIS AGREEMENT TO THE SAME EXTENT AS IF YOU HAD PERSONALLY SIGNED THIS AGREEMENT.