Oriwest

Terms and Conditions

Oriwest™ Affiliate General Terms and Agreement Between
Oriwest™ & AUTHORIZED AFFILIATE

Any questions regarding this agreement may be emailed to [email protected]
All information discussed in this agreement is confidential, and must remain between the above parties only.

Please read this Affiliate Agreement carefully before you join our Affiliate Program or begin marketing our Affiliate Program. By becoming an Oriwest™ affiliate ("Affiliate"), you (a) agree to abide by these terms and conditions, our Terms of Service. , and Code of Ethics, (b) acknowledge and agree that the terms and conditions outlined in this agreement, and our Terms of Service constitute an agreement between us and you upon your enrollment into the Program (the "Agreement"); (c) represent and warrant that you are lawfully able to enter into this Agreement; and (d) acknowledge and agree that you are and will remain in compliance (and will be responsible for assuring that your employees, agents and contractors comply) with the terms and conditions of this Agreement. This Agreement is written in plain language intentionally avoiding legalese to ensure that this Agreement may be clearly understood and followed by Affiliates.

DEFINITIONS
As used in this Agreement:
1. “Oriwest™”, "we", "us" or "our" refers to Oriwest products, Jewelry and our website.
2. "you" or "your" refers to the Affiliate.
3. "our website" refers to the properties located at http://www.oriwest.com/.
4. "your website" refers to any website, web pages, social media, or other online services that you control and will link to our website.
5. "Program" and "Affiliate Program" refer to the Oriwest™ Affiliate Program.
6. "Products" refers to any products sold or distributed by Oriwest™.
7. "Qualifying Purchases" refers to purchases made when all of the following requirements are made:
(i) a customer clicks through a special link on your website to our website; (ii) during a single session that the customer adds a Product to his/her shopping cart and places the order for that Product, and (iii) the purchased Product is paid for by the customer.
(ii) Purchases that are excluded from commissions include: (i) Any Independent Merchandiser start-up kits, (ii) any orders placed by a wholesale account, (iii) any orders placed by Independent Merchandisers using their unique discount code, (iiii) any cancelled orders.
8. “Direct Competitor” refers to any company that sells, produces, or manufacturers any type of aromatherapy jewelry: any jewelry that releases an aroma for health or cosmetic purposes.
9. “Non-employee Compensation” - refers to any compensation that is paid to you from Oriwest™ including but not limited to any commissions, bonuses, or rewards.

GENERAL INFORMATION
1. As an Oriwest™ affiliate you agree that you are 18 years of age or older.
2. You understand that by enrolling into the program you agree to the terms of this agreement, and that no signature is necessary.

PURPOSE
The purpose of this Program is to permit you to advertise your Oriwest™ affiliate link on your website and/or social media account(s) and to earn commissions for Qualifying Purchases.

TERMINATION OR REVISION OF THE AFFILIATE PROGRAM
We reserve the right to terminate or revise the Program at any time, including by providing a change notice, a revised Agreement, or revised documentation of the Program.

RESPONSIBILITY FOR YOUR WEBSITE
You hereby represent and warrant that you will be solely responsible for your website in which you will be advertising your affiliate link, including its development, operation and maintenance and all data, content and materials that appear on or within it. Oriwest™ will have no liability for any claims, damages, losses, liabilities, fines, penalties, costs and expenses relating to (a) your website or any data, content or materials that appear on your website; (b) the use, development, design, manufacture, production, advertising, promotion or marketing of your website; (c) your use of any content; and (d) your violation of any term or condition of this Agreement.

WEBSITE RESTRICTIONS
If you are including your Oriwest™ affiliate link on your website, your participating website(s) may not:
1. Infringe on our or any anyone else’s intellectual property, publicity, privacy or other rights.
2. Violate or be used to violate any law, rule or regulation.
3. Contain any content that is threatening, harassing, defamatory, obscene, harmful to minors, or contains nudity, pornography or sexually explicit materials.
4. Contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to or may damage, interfere with, surreptitiously intercept or expropriate any system, data, or personal information.
5. Contain software or use technology that attempts to intercept, divert or redirect Internet traffic to or from any other website, or that potentially enables the diversion of Affiliate commissions from another website.
6. Attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to our website, user accounts, or the technology and equipment supporting our website.
7. Violate any of our policies.
8. Post any direct competitor’s information on the same webpage.

LINKING TO OUR WEBSITE
Upon enrollment into the Program, links will be made available to you through the Enlistly Software. When linking to our website, you agree:
1. Your website will not in any way copy, resemble, or mirror the look and feel of our website. You will also not use any means to create the impression that your website is our website or any part of our website including, without limitation, framing of our website in any manner.
2. You may not engage in cookie stuffing or include spam pop-ups or false or misleading links on your website. In addition, wherever possible, you will not attempt to mask the referring URL information (i.e. the page from where the click is originating).
3. Your website may not use redirects to bounce a click off of a domain from which the click did not originate in order to give the appearance that it came from that domain is prohibited.

COUPON GUIDELINES
Oriwest™ reserves the right to run any sales, giveaways, or promotions without prior written or verbal notice to any affiliates or Independent Merchandisers. If your website promotes these coupon codes, giveaways, or promotions, you must adhere to our Coupon Guidelines as follows or you will be subject to removal from the Program:
1. You may ONLY advertise coupon codes that are displayed on our public website(s).
2. You may ONLY display coupons in their entirety with the full offer, valid expiration date and code.
3. You may NOT post any information about how to work around the terms and conditions of a coupon/promotion (e.g., describing how existing customers can qualify as a first time customer to benefit from an offer to first time customers only).
4. You may NOT use any technology or technique that conceals or obscures the coupon code such that only an Affiliate click will reveal the code(s).
5. You may NOT advertise coupon codes obtained from our non-Affiliate advertising materials, e-mail marketing materials, paid search campaigns, or any other marketing or campaign.
6. You may NOT give the appearance that any offer requires clicking from your website in order to redeem. For example, if all items over $100 on our website have free shipping, you may not turn this into an offer that implies that the customer must click from your website to get this deal.

COMPLIANCE WITH LAWS
In connection with your participation in the Program, you agree to comply with all applicable laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions and other requirements of any governmental authority that has jurisdiction over you, including without limitation laws that govern marketing e-mail, telephone calls and text messages.

ADVERTISING & PUBLICITY
You shall not create, publish, distribute, or print any written or visual material that makes reference to our Program without first submitting that material to us and receiving our prior written consent. If you intend to promote our Program via e-mail campaigns, you must adhere to the following:
1. Abide by the CAN-SPAM Act of 2003 (Public Law No. 108-187) and any applicable state laws.
2. E-mail must be sent on your behalf and must not imply that the e-mail is being sent on behalf of Oriwest™.
3. As noted above, submit e-mail content to us for written approval in advance of distribution.

SOCIAL MEDIA
Promotion on Facebook, Twitter, and other social media platforms is permitted following these general guidelines:
1. You ARE allowed to promote offers to your own lists; more specifically, you are welcome to use your Affiliate links on your own Facebook, Twitter, etc. pages. For example: You may post, "25% off sale at Oriwest™ through Wednesday with code ACGET25."
2. You ARE PROHIBITED from posting your Affiliate links on Oriwest™’s Corporate Facebook, Twitter, etc. company pages.

COMMUNICATION
1. You understand that the Oriwest™ Team is in the office Monday-Friday from 8am-8pm EST - and will be available during these hours only - Holiday Hours may vary.
2. You understand that all communication with the Oriwest™ Team must be made either via email at: [email protected]
3. If you contact the team outside of normal business hours, the team will reply to your email or phone call once back in the office.


SELLING OUR PRODUCT
1. • You agree to sell our products as branded by Oriwest™ - you agree to not sell our product as your own.
2. • You agree to not modify our products or packaging of our jewelry in any way.
3. • You understand that failure to follow the above terms will be considered as theft and will be handled as such.
4. • You agree not to sell our products in a retail location.
5. • If you wish to sell our products in a retail location you must forfeit your affiliate status - and sign up for a wholesale account.

BRAND REPRESENTATION
1. • As an Oriwest™ affiliate you agree to uphold the values of the Oriwest™ Code of Ethics that were provided to you via Email.
2. • You acknowledge that you are representing our company and will carry out your business in a lawful manner.
3. • You understand that any complaints made by customers on your character or means of doing business will be fully investigated and could result in termination from the program.

PAYMENTS
1. You understand that you are paid 15% on all qualifying orders.
2. You understand that we pay out commissions on the first Friday of every month, unless the first Friday falls on the 1st day of the month, then payments are made the following Friday.
3. You understand that you must have your PayPal email address entered into your Enlistly account in order to receive commission.
4. If your PayPal email address is not entered, or is invalid, then we will be unable to pay you. Once you enter a valid PayPal email, you will be paid on the next pay day.

ONLINE SALES / MARKETING
1. As a Oriwest™ affiliate you understand that creating any online sales outlet to directly sell Oriwest™ (not just advertise your link) is strictly prohibited.
2. Sales outlets include, but are not limited to - Ebay, Etsy, Shopify, Volusion, Amazon, Facebook.
3. You can advertise your link on any social media outlet or website.
4. It must be apparent that you are an affiliate for Oriwest™.
5. You understand that you are prohibited from creating your own marketing material.
6. You agree to contact Oriwest™ with any graphic design, or marketing material needs.
7. You understand that Oriwest™ will charge a small fee for any printed marketing material, but MAY provide digital material free of charge.

MISCELLANEOUS
Oriwest™ MAY UPDATE THE TERMS OF THIS AGREEMENT FROM TIME TO TIME BY PUBLISHING A NEW VERSION ON OUR WEBSITE OR BY SENDING NOTICE OF ANY MODIFICATIONS TO YOU VIA EMAIL TO THE THEN EMAIL ADDRESS CURRENTLY ASSOCIATED WITH YOUR AFFILIATE ACCOUNT (AND SUCH CHANGE BY EMAIL WILL BE EFFECTIVE ON THE DATE SPECIFIED IN SUCH EMAIL AND WILL IN NO EVENT BE LESS THAN TWO DAYS AFTER THE DATE THE EMAIL IS SENT). BY CONTINUING TO PARTICIPATE IN THE PROGRAM FOLLOWING OUR POSTING OF ANY CHANGE NOTICE, REVISED AGREEMENT, OR REVISED DOCUMENTATION, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT, AS AMENDED BY ANY SUCH CHANGE NOTICE, REVISED AGREEMENT, OR REVISED DOCUMENTATION, AND YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AND HEREBY REPRESENT AND WARRANT THAT YOU WILL REMAIN IN COMPLIANCE WITH THIS AGREEMENT. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT BY NOTIFYING Oriwest™.
IF ANY PROVISION OF THIS AGREEMENT SHALL BE UNLAWFUL, VOID OR FOR ANY REASON UNENFORCEABLE, THEN THAT PROVISION SHALL BE DEEMED SEVERABLE FROM THIS AGREEMENT AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF ANY REMAINING PROVISIONS.
NO WAIVER OF ANY PROVISION OF THIS AGREEMENT BY US SHALL BE DEEMED A FURTHER OR CONTINUING WAIVER OF SUCH PROVISION OR ANY OTHER PROVISION, AND OUR FAILURE TO ASSERT ANY RIGHT OR PROVISION UNDER THIS AGREEMENT SHALL NOT CONSTITUTE A WAIVER OF SUCH RIGHT OR PROVISION.
THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT AND UNDERSTANDING BETWEEN YOU AND Oriwest™ WITH RESPECT TO THE SUBJECT MATTER HEREIN AND SUPERSEDES ALL PRIOR WRITTEN AND ORAL AGREEMENTS, DISCUSSIONS OR REPRESENTATIONS BETWEEN US.