1. OMNI Hypnosis Partner Program Agreement
This agreement describes the terms and conditions for participation in the OMNI Hypnosis Partner Program. In this agreement, the term “Partner” and “Affiliate” refers to you (the “Partner”). In this agreement, “OMNI Hypnosis” and “Hypnose.NET” refers to the product owner and publisher. Only previously accepted Distribution Partners have the ability to enroll in the Partner Program. The OMNI Hypnosis Partner program is managed through our own internal Partner Program Management System.
We may modify any of the terms and conditions within this Agreement at any time and at our sole discretion. These modifications may include, but not limited to changes in the scope of available referral fees, fee schedules, payment procedures, and Partner Program rules. If any of the modifications are UNACCEPTABLE TO YOU, your only recourse is to terminate this Agreement. If you CONTINUE PARTICIPATION IN THE PROGRAM, it will be considered as your acceptance of the change.
To enroll in the Partner program, you must be approved by OMNI Hypnosis International. Applications are processed on a regular basis and applicants will be notified of their acceptance status as soon as possible after their information is reviewed.
4. Partner URL
Once a Partner you will be issued a special URL that will be unique to you and you only and will allow you to refer new customers and get paid for partner program referrals.
Partners will receive 12.5% of the revenue as a commission from orders placed through properly coded Partner links (unless noted otherwise for a particular product). Commissions may change at the discretion of the product publisher, OMNI Hypnosis commissions may increase during limited time special promotions, but they will return thereafter to the regular 12.5% commission rate. For a sale to generate a commission to a Partner, the customer must complete the order form and remit full payment for the product ordered through the secure order system. Word of mouth referrals will not result in an affiliate commission being generated. Partners will not receive commissions on sales made to themselves, business entities owned and/or co-owned by them, or family members and relatives. On the 10th day of each quarter, Sales statements will be produced containing actual sales generated by the Partner and sent to the Partner by email. Partner will then proceed and issue an Invoice to OMNI Hypnosis International / Hypnose.NET GmbH, Weiherweg 8, 8604 Volketswil. The invoice must be sent by email to [email protected]. Commissions will only be paid on sales that are made when the customer clicks through qualified, correctly structured Partner links. Properly coded links are the sole responsibility of the Partner/Affiliate.
OMNI Hypnosis pays Partners/Affiliates via a PayPal account, provided to us when a member joins. If the PayPal email changes, it is the responsibility of the Partner to notify the Partner Program to ensure proper commission payments. We will not resend payments returned due to incorrect payment email addresses. Depending on which payment Service provider was used by the customer, referred payments to the Partner can be delayed for up to 180 days after the original purchase date. At least 150$ worth of commissions needs to be accrued to generate a Payout to the Partner. If the Partner commissions do not reach this threshold within an accounting period the commissions will be carried to the next accounting period and paid out as soon as 150$ worth of commissions has been reached. The payment of the commissions will be executed within 30 days upon reception of the Invoice.
7. Order Fulfillment
OMNI Hypnosis will be solely responsible for processing every order placed by a customer via affiliate links. Partners are not authorized to collect payments or sell any OMNI Hypnosis products from other websites as a “reseller” and no “resale” rights are granted in ANY way. Partners are not authorized to sell any of these products on eBay or other auction sites. Partners are not authorized to give away copies of any of these products. OMNI Hypnosis will also be solely responsible for all customer service inquires. All affiliates understand and acknowledge that no physical products will be shipped. Customers who purchase products and services through the OMNI Hypnosis Partner Program will be deemed to be customers of OMNI Hypnosis. Accordingly, all rules, policies, and operating procedures concerning customer orders and service will apply to those customers. We may change our policies and operating procedures at any time. Prices and availability of our products and services may vary from time to time. OMNI Hypnosis policies will always determine the price paid by the customer.
8. Qualifying Sites
OMNI Hypnosis reserves the right to refuse any site entry into the OMNI Hypnosis Partner Program-based on-site content. Sites that do not qualify for the Partner Program include sites which: Promote sexually explicit materials Promote violence Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age Promote illegal activities You may NOT promote coupon codes you may have found elsewhere online. Doing so can result in the termination of your Partner account and withholding of payments for violating our Partner Program agreement. You are not allowed to infringe or otherwise violate any copyright, trademark, or other intellectual property rights of OMNI Hypnosis or any other site.
9. Permitted Usage
The following are permitted uses of OMNI Hypnosis brand and marketing resources: Partners are permitted to use the graphical banners and design resources located within the Partner Program Area within the Partner Account. If a specific size banner ad is not available, the Partner may contact the Partner Program manager at [email protected] and request a new banner graphic be added to the available resources.
10. Prohibited Usage
The following cases arevprohibited and are grounds for immediate termination of the Partner Program account. Partners MAY NOT use the OMNI Hypnosis or Hypnose.NET brands, logos, logo marks or other website/branding imagery in a header graphic or in any ways as to indicate they are officially affiliated or partnered with OMNI Hypnosis or Hypnose:NET. Partners MAY NOT use the term “OMNI Hypnosis” and “Hypnose.NET” in ANY variation in their site URL. Partners MAY NOT promote coupons that were not provided to them personally by a OMNI Hypnosis Representative. Want to promote a coupon? Contact us and we can work with you. You may NOT promote coupon codes you may have found elsewhere online. Doing so can result in the termination of your affiliate account and withholding of payments for violating our Partner Program agreement. Partners MAY NOT host or promote “coupon stacking” sites where customers may combine coupons to receive additional discounts.
11. Anti-Spam Policy
OMNI Hypnosis strictly prohibits Partners from using spam e-mail and other forms of Internet abuse (including spamming forums, blogs, Twitter, Facebook, and other social media outlets) to seek sales. Spam is defined as including, but not limited to, the following: Electronic mail messages addressed to a recipient with whom the sender does not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient through an opt-in subscription; Messages posted to Usenet, forums, Twitter, Facebook, and message boards that are off-topic (unrelated to the topic of discussion), crossposted to unrelated newsgroups, posted in excessive volume, or posted against forum/message board rules. Be conscious of forum rules! If a forum owner or moderator complains that an affiliate has spammed, the Partner account may be permanently terminated after investigation. Content posted on free blog websites for the sole purpose of keyword spamming, or comments posted to legitimate blogs that violate the comment policy of the blog owner. Solicitations posted to chat rooms, or to groups or individuals via Internet Relay Chat or “Instant Messaging” system; Certain off-line activities that, while not considered Spam, are similar in nature, including distributing flyers or leaflets on private property or where prohibited by applicable rules, regulations, or laws. OMNI Hypnosis may undertake, at its sole discretion and with or without prior notice, the following enforcement actions:
12. Account Termination
Upon the receipt of a credible complaint, the OMNI Hypnosis Partner Program manager may investigate the complaint, and if necessary, will then terminate the Partner account of the individual implicated in the abuse. Termination results in the immediate closure of the member and Partner account, the loss of all referrals, and the forfeiture of any unpaid money on account. At OMNI Hypnosis discretion, termination may not only result in being banned from the Partner program but also being banned from ANY other internal Partner programs. If you wish to report a violation of our Anti-Spam Policy, please forward all relevant evidence to our customer service department at [email protected].
13. Relationship of Parties
Partners are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. Partners have no authority to make or accept any offers or representations on our behalf. Partners will not make any statement, whether on their sites or otherwise, that reasonably would contradict this statement.
14. Term and Termination
The term of this Agreement will begin when you accept and will end when terminated by either party. Either OMNI Hypnosis or the Partner may terminate this Agreement at any time, with or without cause. Upon the termination of this Agreement for any reason, all licenses granted hereunder shall immediately terminate and you will immediately cease use of, and remove from Partner’s Web Site, all links to the OMNI Hypnosis’s websites, and all OMNI Hypnosis trademarks and logos, other OMNI Hypnosis and Hypnose.NET marks and all other materials provided in connection with this program.
15. Limitation of Liability
OMNI Hypnosis will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, expenditures, 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 commissions paid or payable to the Partner under this Agreement.
We make no express or implied warranties or representations with respect to the Partner Program or a Partner’s potential to earn income from the Partner Program. In addition, we make no representation that the operation of the websites or the Partner links will be uninterrupted or error-free, and OMNI Hypnosis will not be liable for the consequences of any interruptions or errors.
Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement. If any of the provisions of this Agreement are determined by a court to be unenforceable, they shall be severed from this Agreement, and the remaining provisions shall remain in full force and effect. By signing up with the OMNI Hypnosis Partner Program, you acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated this program and are not relying on any representation, guarantee, or statement other than as set forth in this agreement or statement other than as set forth in this agreement.
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.