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OneRoom “Friends Program” or Affiliate Program Terms of Service

By signing up to be a Friend in the OneRoom Friend Program (“Program”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

OneRoom reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Program, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Program after any such changes shall constitute consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.joinoneroom.com/friends

Violation of any of the terms below will result in the termination of your Account and for forfeiture of any outstanding commission payments earned during the violation. You agree to use the Friends Program at your own risk.

Terms

  1. You must be 18 years or older to be part of this Program.
  2. You must live in the United States or Canada to be a part of this Program.
  3. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
  4. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process
  5. The affiliate URL we provide to you may be used only by you – a single URL shared by multiple people is not permitted.
  6. You are responsible for maintaining the security of your account and password. OneRoom cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  7. You are responsible for all Content posted and activity that occurs in association with the URL provided to you (even when Content is posted by others who have your URLs). One person or legal entity may not maintain more than one account.
  8. You may not use the Friends Program for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

Links/graphics on your site, in your emails, or other communications

Once you have signed up for the Friends Program, you will be assigned a unique Friends URL. You are permitted to create links, banners, or other graphics using this URL and you are permitted to use them in your emails, or in other communications. We will provide you with guidelines, link styles, and graphical artwork to use in linking to OneRoom on request. We may change the design of the artwork at any time without notice.

To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special link formats to be used in all links between your site and OneRoom. You must ensure that each of the links between your site and OneRoom properly utilizes such special link formats. Links to OneRoom placed on your site pursuant to this Agreement and which properly utilize such special link formats are referred to as "Special Links." You will earn only with respect to monthly subscriptions to OneRoom groups and only on subscriptions occurring directly through Special Links; we will not be liable to you with respect to any failure by you or someone you refer to use Special Links or incorrectly type your URL, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement.

Referral fees/commissions and payment

For a OneRoom sale to be eligible to earn a referral fee, the customer must click-through a Special Link from your site, email, or other communications to the OneRoom site and apply for a OneRoom group during that session. The session ends once someone closes their web browser, navigates away from OneRoom, or otherwise leaves the site without applying for a group. If they leave the site, come back later on their own, and then apply for a group, you will not earn a commission.

Commissions are earned only when the following two conditions are met:

  1. Our system logs the application to a group through your Special Link.
  2. The member is accepted to and subsequently enrolls in a OneRoom group.
  3. The customer pays for the first and second months of membership.
  4. The customer does not cancel their membership or request a refund before 60 days have elapsed.
  5. We cannot provide compensation for subscriptions that are are still within this two month window.

You will not receive ongoing compensation for subscriptions beyond the single initial payment for that subscription. We will only pay commissions on links that are automatically tracked and reported by our systems.

We will not pay commissions if someone says they signed up or someone says they entered a referral code if it was not tracked by our system. We can only pay commissions on business generated through properly formatted special links that were automatically tracked by our systems.

We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. Payments only begin once you’ve earned at least $50 in affiliate income. If your affiliate account never crosses the $50 threshold, your commissions will not be realized or paid. We are only responsible for paying accounts that have crossed the $50 threshold.

Payments by PayPal

Commissions are paid by PayPal and only by PayPal. We can not send checks, credit credit cards, or send cash. You are required to have a PayPal account to receive commissions. If you don’t have a PayPal account you can sign up for one at any time, but you will not be paid until you have one.

Identifying yourself as a OneRoom Friend

You may not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, say you develop our products, say you are part of OneRoom, or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause).

You may not purchase products through your Special Links for your own use. Such purchases may result (in our sole discretion) in the withholding of referral fees and/or the termination of this Agreement.

Payment schedule

As long as your current affiliate earnings are over $50, you’ll be paid roughly after 45 days. Payments are only made via PayPal.

Customer definition

Customers who buy products through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that you have listed on your site, you should not display product prices on your site. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.

Your responsibilities

You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:

  • The technical operation of your site and all related equipment
  • Ensuring the display of Special Links on your site does not violate any agreement between you and any third party (including without limitation any restrictions or requirements placed on you by a third party that hosts your site)
  • The accuracy, truth, and appropriateness of materials posted on your site (including, among other things, all Product-related materials and any information you include within or associate with Special Links)
  • Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
  • Ensuring that materials posted on your site are not libelous or otherwise illegal
  • Ensuring that your site accurately and adequately discloses, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors’ browsers. Compliance with Laws As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.

Term of the Agreement and Program

The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to OneRoom, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. OneRoom reserves the right to end the Program at any time. Upon program termination, OneRoom will pay any outstanding earnings accrued above $15.

Termination

OneRoom, in its sole discretion, has the right to suspend or terminate our relationship and refuses any and all current or future use of the Program, or any other OneRoom service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Special Links, and the forfeiture and relinquishment of all potential or to-be-paid commissions if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. OneRoom reserves the right to refuse service to anyone for any reason at any time.

Relationship of Parties

You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.

Limitations 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 this Agreement.

Disclaimers

We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of OneRoom will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

Independent Investigation

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

Miscellaneous

This agreement shall be governed by and construed under the laws of the State of California, U.S.A., as applied to agreements entered into and to be performed in California by California residents. The parties consent to the exclusive jurisdiction and venue of the state courts located in and serving San Francisco County, California and the federal courts in the Northern District of California.

Failure by either party to exercise any of its rights under, or to enforce any provision of, this agreement will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision. If any provision of this agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect of the original provision and the remainder of this agreement will remain in full force and effect.

This agreement embodies the entire understanding and agreement between the parties respecting the subject matter of this agreement and supersedes any and all prior understandings and agreements between the parties respecting such subject matter, except that if you or your company have executed a separate written agreement or you have signed an order form referencing a separate agreement governing your use of the products, then such agreement shall control to the extent that any provision of this agreement conflicts with the terms of such agreement. OneRoom may elect to change or supplement the terms of this agreement from time to time at its sole discretion. OneRoom will exercise commercially reasonable business efforts to provide notice to you of any material changes to this agreement. Within five (5) business days of posting changes to this agreement, they will be binding on you. If you do not agree with the changes, you should discontinue using the products. If you continue using the products after such five-business-day period, you will be deemed to have accepted the changes to the terms of this agreement. In order to participate in certain products, you may be notified that you are required to download software and/or agree to additional terms and conditions. Unless expressly set forth in such additional terms and conditions, those additional terms are hereby incorporated into this agreement. This agreement has been prepared in the English language and such version shall be controlling in all respects and any non-English version of this agreement is solely for accommodation purposes. Any and all rights and remedies of OneRoom upon your breach or other default under this agreement will be deemed cumulative and not exclusive of any other right or remedy conferred by this agreement or by law or equity on OneRoom, and the exercise of any one remedy will not preclude the exercise of any other.