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TERMS OF PARTICIPATION
The following Affiliate Agreement (the “Agreement“) constitutes a legally binding agreement made between you, whether personally or on behalf of an entity submitting an application to become an affiliate of the Company and/or having an accepted application (“Affiliate” or “You”) and Sarah Noked Ltd. (“we,” “us” or “our”), concerning your access to and use of the www.obmschool.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).
We care about data privacy and security. By using the Site and the Services, you agree to be bound by our Terms and Conditions, available at: https://www.obmschool.com/terms-of-use and our Privacy Policy available at: https://www.obmschool.com/privacy-policy/, which are both incorporated into these Terms by reference.
For a share of sales, the Company has set up a program for affiliates to promote its products (the “Affiliate Program”). The terms of this Agreement apply to your participation in any of the Company’s Affiliate Program.
APPLICATION
To participate in the Program, an application is required (“Application”). You are required to answer all questions in that Application, and your answers must be accurate and complete.
ACCEPTANCE
The Company will review your Application and will use its discretion when deciding whether to approve you as an Affiliate.
Upon acceptance into the Affiliate Program, you will receive an email notification with details including how to obtain your affiliate links and how to share them.
PAYMENT
Affiliate shall not be eligible to receive any payments from the Company until Affiliate has set up a proper Paypal account to accept payment.
The Company shall pay any sums due to Affiliate as set forth below via Paypal.
COMMISSIONS
Company shall provide Affiliate with a portion of total amount actually collected (“Affiliate Commission”) by Company for each individual who signs up through Affiliate’s link (“Affiliate Links”).
The tracking and attribution of sales to Affiliates is automatically tracked by the Company’s marketing automation system, Ontraport. Affiliates shall be paid only for sales that are tracked through the Company’s marketing automation system and indicate the Affiliate Link as the source of the sale. The Company intends to use a 60-day cookie as part of its affiliate tracking.
Affiliate shall receive an Affiliate Commission equal to a flat rate of $200 for each sale of any OBM School Accelerator Self Study Program attributed to Affiliate using their Affiliate Link.
Affiliate shall receive an Affiliate Commission equal to a flat rate of $400 for each sale of any OBM School Accelerator Program attributed to Affiliate using their Affiliate Link.
Affiliate shall receive an Affiliate Commission equal to a flat rate of $500 for each sale of any OBM School Accreditation Program attributed to Affiliate using their Affiliate Link.
Affiliate Commission rates are subject to change without notice.
PROMOTIONAL MATERIALS
The Company may make materials available to Affiliate for use in promoting the Company’s products (“Promotional Material”). The Promotional Material may include the Company’s logos, and other graphic and textual material for use in Affiliate’s promotion efforts.
Affiliate may use any such Promotional Material solely for the purpose of promoting the Company’s products and/or for linking to the Company’s website.
Affiliate agrees not to alter, add to, subtract from, or otherwise modify any of the Promotional Material provided by the Company without the express written consent of the Company.
RESPONSIBILITY FOR THE AFFILIATE SITE.
The Affiliate will be solely responsible for the operation and content of the Affiliate Site, including for ensuring that materials posted on the Affiliate Site: (i) are not libelous, obscene, sexually explicit, violent or otherwise illegal; (ii) do not provide unauthorized access to copyrighted content; (iii) do not otherwise actually or potentially infringe any rights of the Company and/or any other third party; or (iv) do not contain any Harmful Content.
“Affiliate Site” means any internet site on which Affiliate displays a Affiliate Link pursuant to the terms of this Agreement.
“Harmful Content” means content which is unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable including, without limitation, content that is aimed at minors; displays sexual, pornographic or obscene acts; contains graphic violence; promotes the sale of illegal products or services; contains discriminatory content (whether based on race, sex, religion, nationality, ethnicity, sexual preference, physical disability, gender or otherwise) or violates the Intellectual Property Rights of any other party, (including any material copied from third parties without their permission) and/or including any false, misleading or disparaging representations or statements with respect to the Company and its products and services.
The Affiliate will be solely responsible for ensuring that all the content of the Affiliate Site is original or otherwise is permitted to be published by the owner thereof and it shall obtain all licenses to use any material not produced by it.
The Affiliate agrees to ensure that its activities and the Affiliate Site will comply with all applicable regulations and codes of practice in the jurisdiction that it is operating from and any other jurisdiction that an end user or the Company operate within, including blocking persons under the age of 18 or the minimum legal age from registering as an end user.
The Affiliate shall perform its obligations pursuant to this Agreement solely by means of the Affiliate Site. The Affiliate is responsible to refer end users to the Site solely through the Affiliate Link.
The Affiliate Site shall not contain any material or statement that is deemed under any applicable regulations to be investment advice services, portfolio management, trading platforms management or any other service which requires a license from any relevant authority.
The Company reserves the right, under its sole and absolute discretion, to reject the registration of any end user, including if such person is under the age of 18 or are defined as minors that have not yet reached legal age.
In addition and without derogating from any of the above, the Affiliate will not at any time by itself, nor will the Affiliate allow, assist or encourage others to: (i) use or cause Spamming; and (ii) do any act which causes the Affiliate Site or any other site to copy or resemble the look and feel of any of the Sites or attempt to pass as any of the Sites or create the impression that any such sites are the Sites or otherwise confuse potential customers or End Users in connection therewith.
The Affiliate will not make any claims, representations or warranties in connection with the Company or any of the Site, and it will not be authorized to make any commitment or assume any liability or obligation on the Company’s behalf or on behalf of the Site.
The Affiliate shall not engage in any fax, broadcast or telemarketing and any other offline marketing methods with respect to the Company; shall not use malware and/or spyware techniques or use any other aggressive advertising or marketing methods in any of its dealings relating to the Company; shall not make any false, misleading or disparaging representations or statements with respect to the Company; shall not engage in any other practices which may affect adversely the credibility or reputation of the Company, including but not limited to, using any Affiliate Site in any manner, or having any content on any Affiliate Site, that promotes sexually explicit materials, violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation or age and/or any illegal activities or violates any intellectual property or other proprietary rights of any third party.
During the Term, and for six (6) months thereafter, the Affiliate undertakes to maintain the Company’s good reputation. The Company reserves its right to terminate this Agreement effective immediately in case of any risk to the Company’s good reputation subject to Company’s sole discretion resulting from the Affiliate actions or omission or any third Party directed to the Company by the Affiliate.
Company shall always have the right to immediately terminate this Agreement if it determines in its sole discretion that the Affiliate is in breach of any of the provisions of this Section.
COMPANY MARKS.
The Company hereby grants to the Affiliate a non-exclusive, non-transferable, license, during the term of this Agreement to display the Affiliate Links, banners, logo, trademarks and any other creative provided by the Company (all shall be referred to as the “Marks“), on the Affiliate’s Site, solely for the purpose of linking the end users to the Site, marketing and promoting the Company and the Site, in each case and at all times in accordance with any and all applicable regulations and the Company’s policies and guidelines, provided always that, the Affiliate shall immediately cease using the Marks upon the Company’s request to do so.
The Affiliate shall not alter the appearance, design and content of the Company’s Marks. Any usage of the Affiliate Links or Marks shall be in accordance with this Agreement and shall be approved in advance and in writing by the Company. In any event such Marks and Affiliate Links shall not be used on sites that promote or use Harmful Content or infringe intellectual property rights of any third party.
TERMINATION
This Agreement shall come into effect as of the date of the acceptance of your Application and shall continue until terminated by either Party as specified below (the “Term”). This Agreement may be terminated by either Party, with or without cause, by providing the other Party written notice of termination. This Agreement shall be effectively terminated upon written receipt by the other Party (“Termination Date”). Affiliate has the right to receive its accrued Affiliate Commissions through the Termination Date.
DISCLAIMER; LIMITATION OF LIABILITY.
THE COMPANY MAKES NO WARRANTIES HEREUNDER, AND THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OF ANY OF THE COMPANY’S SERVICES. THE AFFILIATE UNDERSTANDS AND AGREES THAT THE COMPANY’S SERVICES ARE BASED ON INTERNET AND COMMUNICATION NETWORKS AND RELY PARTLY ON THIRD PARTY SERVICES, WHICH ARE NOT UNDER THE CONTROL OF THE COMPANY. THE COMPANY’S SERVICES MAY NOT BE FREE OF MALFUNCTIONS AND THE COMPANY SHALL NOT BE LIABLE IN ANY WAY IN SUCH EVENTS.
THE COMPANY SHALL HAVE NO LIABILITY WITH RESPECT TO THE SERVICES PROVIDED BY THE COMPANY OR ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES EVEN IF THE COMPANY HAS BEEN ADVISED OF SUCH DAMAGES. IN ANY EVENT, THE COMPANY LIABILITY TO THE AFFILIATE UNDER FOR ANY REASON WILL BE LIMITED TO THE LOWER OF THE AMOUNTS PAID TO AFFILIATE BY THE COMPANY DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR DAMAGES; OR (2) FIVE HUNDRED (500) USD. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT; BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS.
REPRESENTATIONS AND WARRANTIES.
The Affiliate accepts sole responsibility for determining whether its activity under this Agreement is legal under any laws that apply to it. The Affiliate understands that the Company does not provide it with any legal recommendation or assurance regarding such legality. The Affiliate should obtain independent legal advice in the applicable jurisdiction from which it is operating and/or to which it is marketing, if it has any doubts about the legality of its activity hereunder, under any applicable laws.
Affiliate hereby agrees and confirms to the fact that upon referring the end user to the Company, the end user shall be classified solely as the end user of the Company and Company shall be fully entitled to add the end user and his details to its proprietary database and classify such end user in accordance with the Company’s rules.
The Affiliate undertakes and represents that: (i) all information supplied by the Affiliate or anyone acting on its behalf to the Company(including, without limitation, information relating to any end user) is true, complete and accurate in all material respects and you will advise us forthwith of any material change to information previously provided; and (ii) it will act in accordance with this Agreement and will not violate or infringe the rights of any third parties, including Intellectual Property Rights and the rights protected by personal data protection legislation; and (iii) under no circumstances, the Affiliate, its employees, agents, directors and/or any third party acting in its behalf, shall provide services and/or engage in any services that are related to the trading with binary options.
CONFIDENTIALITY
Each party agrees to use the other party’s Confidential Information solely as necessary for performing its obligations hereunder. Each party agrees that it shall take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure or use of any such confidential information, other than by or to its employees, agents and subcontractors on a need to know basis; as required by any law, regulation, or order of any court of proper jurisdiction over the parties. “Confidential information” shall include, but shall not be limited to, any and all information associated with the other party’s business and not publicly known, including, the contents of this Agreement technical processes and formulas, source codes, product designs, sales, costs, and other unpublished financial information, all end user lists, leads, potential and/or prospective end user lists, names, addresses and other information regarding end users, whether or not marked as confidential or proprietary. Parties agree that no entity shall be entitled to use the database of end users for purposes not related to this Agreement.
INDEMNIFICATION.
The Affiliate agrees to indemnify, defend and hold harmless the Company, its directors, officers, employees, subcontractors and agents thereof (collectively, the “Indemnified Party“), with respect to any claim, demand, cause of action, debt or liability, including reasonable attorneys’ fees, to the extent that such action is based upon or arises out of (i) Affiliate’s breach of any representation, warranty, obligation or covenant under this Agreement; or (ii) Affiliate’s negligence or willful misconduct; or (iii) any warranty, condition, representation, indemnity or guarantee relating to the Company granted by the Affiliate to any third party; or (iv) the Affiliate Site. Company shall notify the Affiliate of any such claim and shall reasonably cooperate and assist the Affiliate in defending the claim.
MISCELLANEOUS.
The parties to this Agreement are independent contractors. Neither party is an agent, representative or related entity of the other party. Neither party shall have any right, power or authority to enter into any agreement for, or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other party. This Agreement shall not be interpreted or construed to create an association, agency, joint venture or partnership between the parties or to impose any liability attributable to such a relationship upon either party.
This Agreement is governed by the laws of the State of Israel without regard to its choice of law provisions. Any dispute arising under this Agreement must be brought exclusively in a court of competent jurisdiction located in Tel Aviv, Israel and each party irrevocably consents to such personal jurisdiction in such forum and waives all objections to this venue.
The Affiliate shall have no right to assign or otherwise transfer this Agreement, or any of its rights or obligations hereunder, to any third party without the Company’s prior written consent, to be given or withheld at the Company’s sole discretion.
Any notice, approval, request, authorization, direction or other communication under this Agreement shall be given in writing and shall be deemed to have been delivered and given for all purposes on the delivery date if delivered personally or by e-mail to the Party to which the same is directed.
We may amend this Agreement by notice in writing to you at any time. Any such amendment shall take effect from the date specified by us but may not be retrospective or affect any rights or obligations that have already arisen. Otherwise, this Agreement may only be varied by the written agreement of both you and us.
In the event that any part, paragraph, sentence or clause of the Agreement shall be held to be indefinite, invalid or otherwise unenforceable, the entire Agreement shall not fail on account thereof, and the balance of the Agreement shall continue in full force and effect.
If you have any questions, please contact support@obmschool.com
Last Updated: January 8, 2023