“this Agreement” shall mean the contents of the contract between Obsession Factory Ltd and the Affiliate in respect of the Program.
“Obsession Factory” shall mean Obsession Factory Ltd of, whose registered office is at 13B Blanchardstown Corporate Park 1, Dublin 15.
‘the Website’ shall mean obsessionfactory.com website.
‘the Program’ shall mean the affiliate Program as set out on the Website and that is governed by this Agreement.
‘the Link’ shall mean the URL link provided from time to time by Obsession Factory to link the Affiliate’s website to the Site.
‘the Affiliate’ shall mean the party who agrees to take part in the Program.
- The Program
2.1) The Program shall be the affiliate program as set out on the Website
2.2) Obsession Factory is entitled to vary, amend or cancel the Program without giving notice to the Affiliate. Obsession Factory may make any such change by publishing any revised terms on the Website.
2.3) The Program does not entitle the Affiliate to represent themselves as an agent, partner or any other form of associate of Obsession Factory other than as an Affiliate as expressly provided for in this Agreement.
- Suitability for the Obsession Factory Affiliate Program
3.1) Obsession Factory reserves the right to terminate this Agreement and the Affiliate’s status at any time for any reason whatsoever at its sole discretion.
3.2) In particular if Obsession Factory deems that the Affiliate’s website is inappropriate for the Program then this Agreement shall be terminated. The Affiliate’s website may be deemed inappropriate if in the view of Obsession Factory it contains, promotes or contains links to sites that are:
3.3) discriminatory, sexually explicit or violent material, or
3.3) promote, depict or contain links to material that promote or depict discrimination based on race, gender, religion, national origin, physical or mental disability, sexual orientation, or age, or
3.4) contains unlawful material, this shall include but not be limited to materials that may possibly violate another’s intellectual property rights, or
3.5) contains information regarding, promotes or links to a site that provides information or promotes illegal activity, or
3.6) for any other reason that is deemed by Obsession Factory (at its sole discretion) to be unsuitable.
3.7) Providing your details (Sign Up Form), accepting these Terms & Conditions clicking on the ‘Register’ button doesn’t mean that you automatically become an Affiliate. This is subject to the approval by Obsession Factory.
- Legitimate methods of advertising
4.1) In order to receive commission’s for referring customers to Obsession Factory, the Affiliate must engage in proper advertising. Affiliates found to be engaging in improper advertising shall have their agreement terminated and their affiliate status revoked. No payments will be processed by Obsession Factory to the Affiliate who engaged in the prohibited by these Terms & Conditions actions. Obsession Factory shall be the sole and absolute arbiter of what constitutes proper advertising.
4.2) A non-exhaustive list of examples of improper advertising shall include but not be limited to:
4.2.1) the forwarding of any urls direct to Obsession Factory (this includes misspells of the above trademark domain); and
4.2.2) forcing cookies through iframes;
4.2.3) advertising through third party networks; with the exception arising from Clause 4.3 below;
4.2.4) brand bidding (including misspells) for PPC advertising,
4.2.5) including your Obsession Factory affiliate link within Unsolicited Commercial Email (UCE) or SPAM,
4.2.6) including any of Obsession Factory url in search adverts.
4.3) Affiliates are permitted to promote Obsession Factory through various social media communities, as a limited exception to Clause 4.2.3 above. However, Affiliates are not permitted to create groups or specific web pages in social communities whereby they purport or hold themselves out to be representatives of Obsession Factory.
4.4) Obsession Factory reserves the right to conclude that you have engaged in an improper method of advertising according to our standards, at our sole discretion. We may come to such a conclusion even if it is based upon our opinion or mere suspicion or belief and is without any duty on Obsession Factory to prove that our opinion or suspicion is well-founded; and even if our opinion is proven not to be well-founded or if other hosting/domain name companies have not deemed it to be an improper method of advertising.
4.5) Any Affiliate found to be adopting improper methods of advertising for the purpose of the Program shall be deemed to have been in breach of this Agreement and shall have their Affiliate status revoked. Such an Affiliate will therefore immediately cease in being an Affiliate of Obsession Factory.
4.6) Any sales that have been generated through improper advertising will not qualify for commission or credit from Obsession Factory.
4.7) Any Affiliate found to be utilising these or any other improper methods of advertising may be required to pay back any such commission that has been paid by Obsession Factory to them. If Obsession Factory elects not to enforce this right it shall not be deemed to be a waiver of any other rights that it may have under this Agreement.
- The Procedure
5.1) Subject to the terms of this Section, we will provide to you all Links, and any related banners, graphics, or text advertisements necessary to promote and offer the Obsession Factory Products to your site’s visitors and/or its members. The Obsession Factory link may contain any picture, text, logo, graphic, that maybe be attributed with Obsession Factory.
5.2) Obsession Factory reserves the right to change the content and or display of the Link from time to time in our sole discretion. The presence of the Obsession Factory link on your site will serve to identify you as a member of our Affiliate Program.
- The Payment of Commission
6.1) Once a customer has arrived at our website having followed the Link, their actions on our website will be tracked for 9 days using a cookie. You will earn commission on their every order that is placed during the 9 day period. Obsession Factory will not be responsible for commissions missed due to the cookie being deleted or blocked or in any other way failing to track the customer from the Link.
6.2) Affiliates will only earn commission fees only with respect to activity on our site occurring directly through the Link that will appear on their website.
6.3) Obsession Factory is under no obligation whatsoever to pay any commission to any Affiliate who does not strictly follow this Agreement as published from time to time.
6.4) Obsession Factory reserves the right to take legal action against any Affiliate that commits fraud, or conspiracy to defraud and to recover any commissions paid to an Affiliate which was earned as a result of such fraud. For the purposes of this agreement fraud shall include but not be limited to wittingly violating the terms of this Agreement.
6.5) Obsession Factory will only make a payment to the Affiliate when the level of commission due at the end of a given period is above the commission balance threshold. All transactions for each month lock on the 15th of the following month and payments are submitted to the affiliates on or around the 22nd.
6.6) the commission balance threshold for the purpose of this agreement is €35. If the minimum is not met, the amount earned will carry over to the following month. The sales made outside of Ireland may be subject to 1 month delayed payout to ensure the proper delivery and payment for the products.
6.7) Obsession Factory reserves the sole right to change the commission balance threshold at any time it sees fit without the prior the consent of its affiliates. In the event of a commission balance threshold change Obsession Factory shall notify all its affiliates of the change beforehand. If any modification to the commission balance threshold or the Agreement as a whole is not acceptable to an Affiliate, the Affiliate shall be entitled to terminate this Agreement. If an Affiliate terminates this Agreement for any reason whatsoever then it shall not be entitled to any commission payments earned after it has terminated this Agreement.
6.7) The Affiliate’s continuing participation in the Program constitutes its acceptance of any change to the commission balance threshold or to any other part of this Agreement.
6.8) Commissions will not be not paid on orders made by existing Obsession Factory customers. Obsession Factory will not pay commission for products that an Affiliate purchases for itself through the Link. The Obsession Factory system will simply not recognise this as an Affiliate sale. Web agencies or resellers purchasing domains or products through their account for other people are encouraged to contact Obsession Factory directly for information on how they can become eligible for commission.
6.9) The rates of commission payable to the Affiliate from time to time shall be published on the Website. Obsession Factory may exclude certain products from Affiliate offer. Obsession Factory may offer a lower commission rate on certain products. The list of products available and the associated commissions will be published in the Affiliate Area of the Website.
- Obsession Factory Obligations
Obsession Factory agrees to undertake the following obligations:
7.1) provide all information necessary to allow the Affiliate to make necessary the Link from the obsessionfactory.com to the Affiliate’s site,
7.2) processing all orders for Obsession Factory products or services placed by a referral following the Link,
7.3) tracking the number and amount of relevant sales generated through the Link,
7.4) providing information to you regarding commission payments,
7.5) credit card authorisations, payment processing, cancellations, returns, and all other related customer service for Obsession Factory for the purpose of our business, and
7.6) establishing the commission balance threshold, payment frequency and payouts of earned commissions as contained in Section 6 of this Agreement.
- The Affiliate’s Obligations
The Affiliate agrees to be solely responsible for the following and shall keep Obsession Factory fully indemnified in respect of:
8.1) the content of the Affiliate’s site or any site that they may be connected to,
8.2) any misrepresentation of Obsession Factory or its products or services,
8.3) making of any false claims, representations or warranties in connection with Obsession Factory
8.3) ensuring that your site and your products and services that you offer from your site comply with all applicable copyright, trademark, any intellectual property right, Data Protection, anti-spam or any other applicable law,
8.4) obtaining permission to use another party’s copyrighted or any other proprietary material,
8.5) the development, operation and maintenance of the Affiliate’s site and for all materials that appear on it. For the purposes of this Agreement this shall include but not be limited to, the technical operation of your site and all related equipment; the accuracy and propriety of materials posted on your site; and ensuring that materials posted on your Site do not violate or infringe upon the rights of any third party and are not libelous or otherwise unlawful or illegal. Obsession Factory hereby disclaim all liability for all such matters,
8.6) Affiliates also agree to indemnify and hold harmless Obsession Factory, its parent company, sister companies, subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, expenses, and costs insofar as such arise out of or are based on, or in any way connected with this Agreement.
8.7) complying with all applicable EU- and national laws and regulations in force 8.8) the payment of all tax and national insurance payable on any payments made to you by Obsession Factory.
- Right to Name as a Reference Customer
9.1) Affiliates shall not create, publish, distribute, or permit any written or graphical material that makes reference to Obsession Factory other than those mentioned in this Agreement or otherwise provided by Obsession Factory, without the prior written consent of Obsession Factory. Obsession Factory reserves the right to refuse any request for consent under this Agreement.
- The License
10.1) Obsession Factory grants to the Affiliate a non-exclusive, non-transferable, revocable right to access the obsessionfactory.com Website through the Link solely in accordance with the terms of this Agreement. This license shall be used solely in connection with the Link, and it will extend to the use of our logos, trade names, trademarks and similar identifying material relating to Obsession Factory and which Obsession Factory shall provide to the Affiliate, for the sole purpose of establishing the Link to obsessionfactory.com so customers can purchase Obsession Factory products and services.
10.2) Affiliates cannot modify or change the Link or any other materials provided by Obsession Factory in any way.
10.3) Other than establishing the Link, the Affiliate shall not make any use of any of the licensed materials noted in the aforementioned paragraph provided by Obsession Factory without first obtaining the prior written consent of Obsession Factory. Affiliates shall not use the Licensed Materials in any manner that is inappropriate or that is in any way detrimental to the Obsession Factory brand or any other brands.
10.4) Obsession Factory reserves all of its rights in the materials provided and all of its other proprietary rights. Obsession Factory shall be entitled to revoke this license to use the Link or the materials at any time and at its sole discretion.
10.5) The licenses described in this Section shall expire upon the termination of this Agreement.
10.6) Any inappropriate use of the Link, text, banners or other advertisements not expressly approved of in writing or provided by Obsession Factory may be cause for immediate termination of this Agreement.
- Terms of the agreement
11.1) The terms of this Agreement will begin upon your signup with the Program and will end when your affiliate account is terminated.
11.2) Upon the termination of this Agreement any commission that has not yet reached the commission threshold shall be turned into credit which can only be used to purchase products or services from Obsession Factory. Affiliates that have reached the €35 commission threshold will be paid a cheque upon the termination of the Agreement subject always to the terms of this Agreement as shall be published from time to time.
112.1) Obsession Factory reserves the right to modify or otherwise change the terms of this Agreement at any time as it sees fit. Obsession Factory shall make such modifications by way of publishing revised terms on the Website. Affiliates only remedy in the event of revised terms of this Agreement being published shall be to terminate this Agreement. An Affiliate shall be deemed to have accepted of any modification to this Agreement as published from time to time.
- Limitation of Liability
13.1) Obsession Factory shall not be liable to the Affiliate or to any other person, for indirect, incidental, or special damages, lost profits, loss of goodwill, lost savings, or any other form of consequential damages, regardless of the form of action, even if Obsession Factory has been advised of the possibility of such damages, whether resulting from breach of its obligations under this Agreement or otherwise.
13.2) Obsession Factory’s entire liability in respect of any liability arising under this agreement will not exceed the total commission fees paid or payable to the Affiliate under this Agreement.
13.3) Obsession Factory makes no warranties, either express or implied, concerning the performance or functionality of the Obsession Factory Program as a whole. This includes but is not limited to the Link or any other affiliate advertisements and hereby expressly disclaims all implied warranties, including warranties of merchantability or fitness for a particular use or purpose.
13.4) Obsession Factory shall under no circumstances be liable to the Affiliate or to any other person or entity for any loss, injury, or damage, of whatever kind, resulting from or arising out of any mistakes, errors, omissions, delays, or interruptions in the receipt, transmission, or storage of any messages or information arising out of or in connection with the Program or Obsession Factory.
- Governing Law
14.1) This Agreement is governed by, and is construed in accordance with the laws of Ireland.
14.2) The Courts of Ireland shall have jurisdiction to hear any disputes arising from this Agreement.
14.3) Obsession Factory shall not be liable for the legality of Obsession Factory service and products in countries other than the Ireland.
14.4) Affiliates are solely responsible for the legality of the use of the service if the Affiliate in question is registered to Obsession Factory service from a country other than the Ireland or if the Affiliate’s website is on a server in a country other than the Ireland.
15.1) By clicking on the ‘Register button the Affiliate acknowledges that they have read the terms and conditions of this Agreement, understand them and agree to be bound by them.