Affiliate Program Terms & Conditions
These Terms apply to you becoming an Affiliate in Ottika Group N A Ltd Affiliate Program. The purpose of these Terms is to explain how it works and introduce basic terms and conditions of our Affiliate Program. Please note that throughout these Terms, "we," "us," and "our" refer to Ottika Group, and "you," "your," and "yours" refer to the Affiliate.
By signing up to be an Affiliate in the Ottika Group Affiliate Program you are agreeing to be bound by the following terms and conditions.
1. Affiliate Rights and Obligations
1.1. To become an Affiliate, you need to complete and submit the online application form. You must provide your name, a valid email address, and any other information requested in order to complete the signup process. Your login may only be used by one person – a single login shared by multiple people is not permitted. Once you have signed up for the Affiliate Program, you will be assigned a unique Affiliate Code. You are permitted to place links, banners, or other graphics with your Affiliate Code on your site, in your emails, or in other communications. To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special link formats to be used in all links between your site/social media platforms and the Ottika Group site. You must ensure that each of the links between your site/social media platforms and the Ottika Group site properly utilizes such special link formats. Links to the Ottika Group site placed on your site pursuant to these terms and which properly utilize such special link formats are referred to as "Special Links." You will earn referral fees only with respect to sign-ups on a Ottika Group product site occurring directly through Special Links.
1.2. Your site/social media platforms are unsuitable for our Affiliate Program if it promotes illegal activities, violence, discrimination based on any ground, incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights, or to violate the law, or is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us. We reserve the right to deny an Affiliate, in our sole discretion;
1.3. You are forbidden to create or design your website, social network profile or any other profile in a manner which resembles Ottika Group website or which leads customers to believe you are Ottiika Group;
1.4. As a member of Ottika Group Affiliate Program, you will have access to Affiliate account and Dashboard, where you can monitor your referral’s signups, purchases and the subsequent payments to you;
1.5. Ottika Group reserves the right, at any time, to review your placement and require that you change it or use to comply with the provided guidelines;
1.6. Affiliate is an independent entity, and Ottika Group Affiliate Program doesn’t create any partnership, joint venture, franchise, sales representative, or employment relationship between Affiliate and Ottika Group. You have no authority to make or accept any offers or representations on our behalf;
1.7. You shall not make any statement on your site/social platforms, that reasonably would contradict anything in this section.
1.8. You are responsible for maintaining the security of your account and password. Ottika Group cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
1.9. You may not use the Affiliate Program for any illegal or unauthorized purpose. You must not violate any laws in your jurisdiction.
2. Ottika Group Rights and Obligations
2.1. We have the right to monitor your website or social networks at any time to determine if you are following the terms and conditions of this document;
2.2. Ottika Group reserves the right to terminate your participation in the Ottika Group Affiliate Program immediately if you abuse this program in any way;
2.3. Ottika Group will not be liable to you with respect to any failure by you or someone you refer to use Special Links or incorrectly type your Affiliate Code, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to these terms.
3. Access to Affiliate Dashboard
We'll provide you with a special Affiliate Dashboard where you can monitor your referral’s signups, purchases and the subsequent payments to you. You may also receive the marketing materials you will need to successfully sell Ottika Group.
4. Payments and Refunds
4.1. When someone you refer to us orders an account, you'll earn 5% not only on the initial sale of monthly and annual plans but also on any recurring payments they make. Payments for add-ons such as "Prescription Lenses" & B2B Site are not included. For a Product sale to be eligible to earn a referral fee, the customer must click-through a Special Link from your site/social platform, email, or other communications to the Ottika Group Site and sign up for the product during that session. Your referrals must come through your affiliate link and sign up for Ottika Group within 60 days from the first visit. If they return to Ottika Group after the 60-day period, you will not earn a commission on their purchase.
4.2. There is one type of referral fee that can be earned: Commission. The current commission is 5% from every sale. Commissions are paid after you reach $50 and claim payout. We will only pay commissions on links that are automatically tracked and reported by our systems. We will not pay commissions if someone says they signed up or someone says they entered a referral code if it was not tracked by our system. We can only pay commissions on business generated through properly formatted special links that were automatically tracked by our systems. We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.
4.3. For you to receive affiliate commissions, someone you refer to us must make payments through Ottika Group website, by using a credit card or PayPal.
4.4. Commissions to you are paid by PayPal only. We cannot send checks, cash, or make credits to your credit card. You are required to have a PayPal account to receive commissions. If you don't have a PayPal account you can sign up for one at any time, but you will not be paid until you have one.
4.5. As long as your current affiliate earnings are over $100 and you have at least 2 paid referred accounts at the time of the payout request, you'll be paid within 45 days of a claim.
4.6. If our payment processor charges payment processing fees for the commission payments, you are responsible for paying these fees.
4.7. If you are banned due to a violation of these Terms, we won’t pay you any current payments on your balance or future payments for your referral’s purchases. All payments will be stopped immediately. We also do not provide refunds if you abuse our Affiliate Program.
5. Termination and Modification
5.1. Either you or we may end this Affiliate Program at any time, with or without cause, by giving the other party a written notice. Written notice shall be in the form of an email.
5.2. If you fail to follow the terms and conditions of this document, we reserve the right to terminate your participation in the Ottika Group Affiliate Program. We will do everything possible to contact the Affiliate prior to the ban. However, we reserve the right to eliminate any violator from our Affiliate Program without prior notice, and on the first occurrence of such prohibited behavior.
5.3. We may modify any of the terms and conditions in this document at any time at our sole discretion. In such event, you will be notified by email. If any modification is unacceptable to you, your only option is to end Affiliate Program. Your continued participation in Ottika Group Affiliate Program will indicate your agreement to the changes.
6. Promotion Restrictions
6.1. "Spamming" or unsolicited commercial emails are unacceptable to us and could cause damage to our name. You may send emails to your users to promote Ottika Group as long as the recipient is a customer or subscriber of your services or website, and recipients have the option to unsubscribe. At all times, you must clearly represent yourself as independent from Ottika Group. If it comes to our attention that you are promoting us in a wrong way, we will consider that cause for immediate termination of your participation in the Ottika Group Affiliate Program.
6.2. Affiliates that bid in their pay-per-click campaigns on keywords such as www.ottika.com ottika.com ottika.ca, and/or any similar or misspelt alterations of these, will be considered trademark violators, and will be banned from Ottika Group Affiliate Program.
6.3. Affiliate shall not use any online advertising services, social media platforms(i. e. Google AdWords, Bing Ads, etc.) to promote Ottika Group or act on our behalf, or use any technologies to abuse our Affiliate Program, including, but not limited to, an application that causes the overwriting of affiliate commission tracking cookies; intercepts searches to redirect traffic through an installed software; set commission tracking cookies through loading of Ottika Group site in hidden links and automatic pop-ups that open www.ottika.com site and etc.
6.4. Affiliates shall not run ads leading directly, or redirecting automatically, to the www.ottika.com website or any subpages or subdomains, including affiliate links such as ottika.com/a/xxyyzz.
6.5. Affiliates are strictly prohibited from referring their own businesses solely to earn commissions. Referrals must be genuine and involve external entities that align with our objectives. Violation of this provision may result in account suspension, termination, and forfeiture of pending self-referral commissions.
7. Limitations of Liability
7.1. WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL MAILERLITE'S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.
8. Miscellaneous provision
8.1. These Terms will begin upon when you become an Affiliate and will continue unless terminated hereunder.