OPOLO offers this affiliate program (the “Affiliate Program”) through which an approved third party ( the “Affiliate”) may provide marketing services via the links as provided by OPOLO (the “Links”), which will be placed by the Affiliate on his/her website, that can redirect towards the OPOLO’s website or such other website as designated by OPOLO (the “Site”). The Affiliate hereby agrees that the following terms and conditions shall apply to the Affiliate’s participation in the Affiliate Program ( “ Affiliate Conditions”).
By having (i) filled the cryptocurrency payout address, and (ii) signing up and agreeing to the Affiliate Conditions online, the Affiliate acknowledges and agrees that: (a) he/she fully understands the Affiliate Conditions; and (b) he/she agrees to be bound by all of the Affiliate Conditions with immediate effect.
The Affiliate Conditions shall be a binding agreement between the Affiliate and OPOLO, and OPOLO reserves the right to update the Affiliate Conditions at any time. The Affiliate Conditions may be amended, changed, or updated by OPOLO at any time and OPOLO will notify the Affiliate of the subsequent versions of the Affiliate Conditions via online or email notification(s). Please note that after the effective date of any such amendments, changes, or updates, if the Affiliate shall be deemed to have accepted any such subsequent amendments, changes, or updates, by continuing to participate in the Affiliate Program.
Capitalized terms that are not defined in the Affiliate Conditions shall have the same meaning as in the Terms and Conditions.
1. Rewards to the affiliates
1.1 – The Affiliate shall be allowed to place the Links on his/her website, which will enable redirection towards the Site.
1.2 – If a user clicks on the Link, and then concludes the purchase/payment procedures of the Products on the Site (the “Transaction”), the Affiliate shall be entitled to receive commission payments (“the Reward”) for such Transaction. Payment of Rewards received by Affiliate shall be made by OPOLO only for completed and valid Transactions. If a user cancels his/her order or requests a refund for any reason after OPOLO paid the Rewards to the Affiliate, the amounts paid to the Affiliate on the basis of such cancelled Transaction(s) will be deducted from the next Reward owed to the Affiliate.
1.3 – The Rewards shall be ten percent (10%) to fifteen percent (15%) depending on the number of sales of the Product’s final sales price after applied discounts, shipping costs excluded, or such other percentage as may be set by OPOLO from time to time depending on market conditions. The Rewards may be specified differently within special campaigns introduced by OPOLO. OPOLO may, at its sole discretion, modify such percentage at any time, and shall be effective from the fifth day after such modification is communicated online or via email.
1.4 – An Affiliate can request for a payment of the Reward if and only if the accumulated and unpaid Reward on account exceeds US$200. The Rewards shall be paid in fiat currency or cryptocurrency designated by OPOLO, within a maximum 60-day delay from the date the Affiliate fulfilled the conditions under the Affiliate Conditions. The amount owed to the Affiliate will be calculated on the basis of the conversion rate between fiat currency and Bitcoins or other cryptocurrencies as set out by CoinMarketCap (https://coinmarketcap.com/) and applicable on the day of the payment. Conditions to payout of Rewards shall include without limitation actual receipt of funds from the purchase of the Transaction.
1.5 – No Rewards will be paid for (a) invalid Transactions or Transaction carried out by automated methods, robots, or any other activities conducted by machine other than natural person, and/ or (b) Transactions carried out in violation of any provision of these Affiliate Conditions, and/or (c) Transactions of more than 10 Products in one order or other Transaction(s) that are deemed by OPOLO as irregular, false or high-risk at OPOLO’s sole discretion.
1.6 – The Affiliate is solely responsible for the payment of all taxes relating to the Rewards.
2. Obligation of the Affiliates
2.1 – The Affiliate must be a major and must be of full legal capacity under the laws applicable to the Affiliate to participate the Affiliate Program.
2.2 – The Affiliate agrees that the position, statement, location, prominence and nature of the Links shall comply with any requirements specified by OPOLO.
2.3 – Without prior consent of OPOLO, the Affiliate shall not use www.OPOLO.io or any similar name as the domain name or URL in any paid search engine marketing campaign, and shall not engage in typo-squatting, or own a typo domain.
2.4 – The Affiliate shall not permit his/her website to contain any illegal materials such as libelous, defamatory, obscene, abusive, violent information, or provide the Link to any third party’s website containing the same.
2.5 – The Affiliate shall not interfere or in any way disrupt users from accessing the Site, so as to make the Links as the only option to access the Site.
2.6 – The Affiliate shall not promote the Products via spam or unsolicited commercial email. The Affiliate guarantees that: (a) all recipients of the emails from the Affiliate have agreed to receive the emails; (b) the Affiliate shall verify the opt-in statuses for all recipients, and the Affiliate shall provide the list of all recipients of promotion materials upon request of OPOLO; (c) e-mail(s) sent by the Affiliate will contain clear instructions for the recipients to unsubscribe the email(s) from the Affiliate.
2.7 – The Affiliate must not use the OPOLO’s brand name, name or typos in the “From” address line, and all e-mail from the Affiliate correspondence must contain the Affiliate’s email addresses.
2.8 – The Affiliate shall not bid for search engine traffic using the terms “OPOLO”, “OPOLO COSMOS”, “OPOLOWallet” or similar keywords, or any misspellings of them. The Affiliate also agrees not to include the above-mentioned keywords in the display URL for purchased keywords. Misspellings include those with missing characters, extra characters, wrong character sequences, and where the wrong key is pressed.
2.9 – The Affiliate shall not place Links on Search Engine Advertising platforms such as Adwords or Bing. Affiliates must endeavor to ensure that websites on which he placed Links in remain below OPOLO’s own paid search ads at all times on Search Engine Advertising platforms.
2.10 – Affiliate is not allowed to place Links on couponing or cash back sites. Affiliate must not purchase OPOLO products through any Links in order to try getting a discount / retro-commission.
2.11 – The Affiliate shall not use, build, or repurpose any website that has a similar look and feel with the official website, or mislead any third person into thinking the Affiliate is representing OPOLO or is an official partner of OPOLO.
2.12 – Whenever a link is placed on any visual image or webpage, the Affiliate must follow the instructions of OPOLO and ensure that such image or webpage (i) comply with the OPOLO’s brand image and brand guidelines, as may be revised from time to time; (ii) not contain any content that is illegal, offensive, pornographic, violent, tortious, fraudulent, deceptive, or otherwise objectionable; and (iii) comply with all existing and/or new written or oral requirements of OPOLO.
3. Limitation of Liability
3.1 – The Affiliate shall maintain adequate security and control of all accounts, passwords, API keys or any other codes that the Affiliate use to access to or associate with the Affiliate Program. The Affiliate acknowledge and agree that, the Affiliate shall be solely responsible for any activities or actions associated with Affiliate’s participation in the Affiliate Program, whether or not the Affiliate has authorized such activities or actions.
3.2 – The Affiliate acknowledges and agrees that, to the maximum extent permitted by applicable law, even if OPOLO has been advised of the possibility of such damage or loss, OPOLO shall only be liable for the direct damages caused by gross negligence or intentional misconduct of OPOLO while providing the services associated with the Affiliate Program. The Affiliate also acknowledges and agrees that, in no event shall OPOLO be liable for any damage or loss that is not reasonably foreseeable.
3.3 – The Affiliate acknowledges and agrees that, to the maximum extent permitted by applicable law and to the extent OPOLO is held liable under the aforementioned clause 3.2, the maximum liability of OPOLO shall not exceed the accumulated Rewards paid to the Affiliate by OPOLO.
4. Term and termination
4.1 – The Affiliate Conditions shall remain effective until terminated under the conditions of the Affiliate Conditions; or when the Affiliate formally terminates the Affiliation Program by formal notification to OPOLO.
4.2 – Each Party has the right to terminate this Agreement with a one-month (1-month) prior written notice to the other Party. The Affiliate must cease using the Affiliate Program upon the termination of this agreement and delete all the Links that Affiliate has placed on websites.
4.3 – If the Affiliate acts illegally, and/or has in any way breach any of the provision under the Affiliate Conditions, OPOLO is entitled to terminate this Agreement and/or suspend the Affiliate from the Affiliate Program, with immediate effect by online or email notice from OPOLO.
5. Ownership; Grant; Restrictions On Grant
5.1 – The Affiliate shall comply with OPOLO trademark, copyright and other intellectual property criteria and requirements.
5.2 – The Affiliate acknowledges and agrees that OPOLO retains ownership of all right, title and interest to the Affiliate Programs, the Products and the Site. Except for the right to place the Links to the Site according to the Affiliate Conditions, the Affiliate does not acquire any right, title, interest, and license or any rights under this Affiliate Conditions.
6. Indemnification
The Affiliate agree to defend, indemnify, and hold OPOLO, its subsidiaries and affiliates, and their officers, directors, employees, agents, representatives and attorneys harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) the Affiliate’s violation of the Affiliate Conditions; and/or (b) the Affiliate’s violation of any third-party right, including without limitation any intellectual property, confidential information or other proprietary right.
7. Assignments
Neither Party may assign or otherwise transfer all or any part of its rights under the Affiliate Conditions without the prior written consent of the other Party.
8. Governing Law and Jurisdictions
8.1 – This Affiliate Conditions are governed by and will be construed according to the laws of Republic of China (Hong Kong).
8.2 – If there are any issues arising under the Affiliate Program and not mentioned in the Affiliate Conditions, such issues shall be governed by and will be construed according to the Terms and Condition and the laws of Republic of China (Hong Kong).
8.3 – The Parties agree that the Taipei District Court shall be the court of first instance with jurisdiction for any dispute or controversy arising from or in connection with these Affiliate Conditions.
9. Contacting OPOLO
If you have any questions about this Affiliate Conditions, please contact OPOLO through hello@OPOLO.io.