By filling out the signup form you acknowledge that you have read the terms and conditions below for the Oates Specialties LLC (www.OatesSpecialties.com) Brand Ambassador Program, understand, and agree with them.
Oates Specialties Brand Ambassador Agreement
This Brand Ambassador Participation Agreement contains the terms and conditions that apply to your participation as a member of the Brand Ambassador Program for Oates Specialties LLC (www.oatesspecialties.com).
(1) Term of the Agreement: The term of this Agreement will begin upon Oates Specialties' acceptance of your Brand Ambassador application and will end when terminated by either party (Oates Specialties or the Brand Ambassador). Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. You are only eligible to earn referral fees on sales occurring during the term.
(2) Modification: Oates Specialties may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on this site. Modifications may include, for example, changes in the scope of available referral fees, fee schedules, payment procedures and Program rules.
IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
(3) Limitation 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.
(4) Referral Commissions and Payment Procedures: The amount of referral commissions due to Brand Ambassadors will be as follows: For an online sale, which we make as a result of a direct link from the Brand Ambassador's online presence, that Brand Ambassador will receive a ten (10) percent commission fee of the selling price of the product sold (not including radar units, shipping and handling, or taxes). This is known as a referral commission.
Oates Specialties will pay Brand Ambassadors thirty days (30) after the end of each calendar month for all commissions earned during the prior month, less any taxes we may be required to withhold, and less any amount Oates Specialties determines, in its sole discretion, was not validly earned from proper use of the link on the Brand Ambassador's online presence. The Brand Ambassador's online presence must have at least one visible and active link to OatesSpecialties.com that is readily accessible by visitors at all times to be eligible for commission payment.
A commission will only be credited to a Brand Ambassador after the customer has made full payment to Oates Specialties. If a customer later requests a refund or a chargeback is issued by the credit card holder whose credit card was used to pay for that customer's order, any commissions that were credited to Brand Ambassadors will be deducted from the next monthly payment. If there is no next monthly payment, the Brand Ambassador will be billed and hereby agrees to be bound by law to reimburse Oates Specialties in full for any such commissions.
Payments will be issued via check only, made payable to the Brand Ambassador in the name the Brand Ambassador submits in his or her online registration, and mailed to the mailing address provided by the Brand Ambassador. Brand Ambassadors must have accumulated eligible commissions of at least $50 for a given payment period before a check will be issued. If eligible commissions are less than $50 when the monthly commission report is generated, the commissions will be held over till the next month. This will continue until the eligible commissions accumulate to more than $50.
Before any check will be issued, the Brand Ambassador must submit a completed and signed IRS Form W-9 (or applicable tax form) to Oates Specialties. Oates Specialties will withhold payment until a valid tax form is on file. Brand Ambassadors who earn $600 or more in commissions during a calendar year will be issued an IRS Form 1099-NEC, and are solely responsible for reporting and paying any taxes owed on commissions earned.
(5) Tracking of Sales: Oates Specialties will be solely responsible for tracking sales using special software that communicates with the specially encoded URLs assigned to Brand Ambassadors. Oates Specialties uses a cookie-based tracking system which places a tracking cookie onto the computer or device of the person using the Brand Ambassador's link. Once placed, the cookie remains active for 30 days unless it is removed or cleared. Oates Specialties will endeavor to do its best to ensure accurate tracking of referrals made by Brand Ambassadors. Brand Ambassadors will themselves be solely responsible for ensuring that these special URLs are formatted properly, a necessary prerequisite to accurate tracking of referral sales.
Notwithstanding the above statement of responsibility by Oates Specialties to track sales, Brand Ambassadors hereby acknowledge and accept that the tracking system employed by Oates Specialties is not 100% fail-safe and that there may on occasion be instances of referral sales made that are not credited to a Brand Ambassador for any of, but not limited to, the following possible reasons:
- Failure by the Brand Ambassador to use the proper format of the specially assigned URL in promotions, webpage links, banner ads, and so on.
- Deliberate or accidental actions by customers to circumvent a Brand Ambassador's special URL so that our software is unable to accurately track that sale.
- Bugs, glitches or crashes of the tracking software that render it unable to accurately track sales for a period of time.
- Acts of nature that cause irretrievable data loss on the computers and back-up disk media.
- A customer's use of a device that blocks the placement of the Brand Ambassador tracking cookie when using a Brand Ambassador's link.
(6) Content License and Media Usage: By participating in the Oates Specialties Brand Ambassador Program, you grant Oates Specialties LLC a perpetual, worldwide, royalty-free, non-exclusive right to share, post, repost, download, edit, and otherwise use any photos, videos, or other content you create featuring Oates Specialties products, in whole or in part, for commercial purposes. Oates Specialties reserves the right to use this content across its website, social media accounts, email marketing, paid advertising, and any other marketing channel, with or without modification, at its sole discretion. You retain ownership of your original content, and Oates Specialties will make reasonable efforts to credit you when practical, though credit is not guaranteed.
In turn, Oates Specialties grants Brand Ambassadors the same right to share, post, repost, download, edit, and otherwise use official Oates Specialties photos, videos, and other marketing content, in whole or in part, for the purpose of promoting Oates Specialties products. This license does not extend to modifying or misrepresenting Oates Specialties trademarks, logos, or branding in a way that damages the Oates Specialties brand.
(6a) Age Requirement: You must be at least 18 years of age to participate in the Oates Specialties Brand Ambassador Program. Oates Specialties does not accept applications from, or knowingly enter into agreements with, individuals under the age of 18.
(7) Independent Contractor: The relationship between Oates Specialties and the Brand Ambassador is that of an independent contractor and nothing in this Agreement or in any other document is intended to or will create any form of partnership, joint venture, agency, franchise, sales representative, or employment relationship.
(8) Assignment: You may not assign this Agreement or any of your rights or delegate any of your obligations under this Agreement, by operation of law or otherwise, without our prior written consent, and any such attempted assignment shall be void. Subject to such restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns.
(9) Governing Law: This Agreement will be governed by the laws of the United States and the State of Texas, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Houston, TX, and you irrevocably consent to the jurisdiction of such courts.
(10) Entire Agreement: This Agreement represents the complete agreement and understanding between Oates Specialties and the Brand Ambassador and supersedes any other oral or written communications or understandings between us and you regarding the subject matter hereof. No amendment or modification to this Agreement will be binding upon us unless agreed to by an authorized representative of Oates Specialties LLC.