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Conditions for Orion Media`s affiliate network.
Orion Media operates and manages an affiliate network with affiliates, advertisers and Orion Media itself as participants. Advertisers are clients who markets their products and brand in Orion Medias Affiliate platform. The affiliates market the advertiser’s campaigns on behalf of Orion Media and its advertisers. Orion Media provides the affiliate with access to campaigns, marketing material, commissions, statistics, marketing guidelines, industry rules, logo`s, content, media restrictions and payment information through the affiliate platform.
Agreement
This agreement regulates the partnership between affiliates and Orion Media. Each affiliate must register and get an account approved on Orion Media’s platform for participation in the affiliate program. All legal entities or individuals over 18 years of age can register as an affiliate. The affiliate must have a bank-account or/a vat number/org.number/cvr or tax number to register. The affiliate is responsible to give correct information to Orion Media. In case of changes in ownership or other information the affiliate is obliged to inform Orion Media immediately. When an affiliate applies for an account at orionmedia.no the affiliate submits a request for registration in Orion Media`s affiliate network subject to this agreement.
Non-disclosure
All information available in the Affiliate program including but not limited to commissions, campaigns, recommendations and performance data are for the affiliate internal use only. The information and the login /logins are strictly confidential and must not in any way be shared or handed over to third parties. Neither during the cooperation or after the cooperation is terminated.
Affiliates media, advertising and obligations
When accessing marketing material on advertisers campaign the affiliate accepts additional conditions for marketing on behalf of the advertiser if this is not specified in this agreement. These additional conditions shall be legal part of this agreement. Affiliates must not engage in or enter into contract with Orion Medias advertisers regarding marketing advertiser`s campaign that the affiliate get knowledge of in the affiliate platform without the knowledge or permission from Orion Media.
Orion Media and its advertisers will promote meetings and joint talks between Orion Media, advertisers and affiliates as part of Orion Media`s values and mission to bring advertisers and affiliates closer together. However, any contact may not happen without Orion Medias knowledge or permission. The advertisers will have the same conditions in their agreements.
The affiliate guarantee to Orion Media that the affiliate will uphold the national legislation in the respective countries including, but not limited to, marketing, consumer protection, data protection and any special legislations associated marketing the various products. The Affiliate shall comply to local legislation, the advertisers own regulation, and regulations regarding e-mail marketing and provide Orion Media with relevant information regarding the email-database on request from Orion Media.
It is strictly prohibited for the affiliate to expose Orion Media advertising material together with content or in a context that in any way can be considered as having an erotic, pornographic, offending, political, racist, illegal or violent character. Affiliate is not permitted to market Orion Media campaigns in connection with marketing methods and/or software that in any way can be regarded as having one or more of the following characteristics (judged by Orion Media): Malware, ad-ware, spy-ware, computer virus, trojan horses, browser hijacking or similar programs. Affiliates should not attempt fraud to obtain commission by generating leads themselves or through third party. Should such activity be detected by Orion Media all information on the affiliate and the account will be handed over to advertiser and/or the proper authority’s. All commission from fraudulent behavior will be deducted from the affiliate earnings.
For all campaigns within personal loan or the credit card market areas applies the following:
1. As of 1st of July 2017 the Norwegian government passed new regulations for marketing of credit that the affiliate is obliged to follow. The specific of this regulation can be forwarded to affiliates on request to Orion Media.
2. When buying keywords in search engines on terms related to low credit rating and/or search on credit on bad credit remarks are forbidden unless permitted by Orion Media. Orion Media cannot be held responsible for Affiliates violation of national legislation. However, Orion Media will deliver guides, running advise to affiliates and provide the affiliates with correct material.
Affiliates are also solely responsible for any legal liability arising out of/or relating to the content in the partner’s media(s) or any material or content that the users can link to through partner’s media(s).
When an offer from Orion Media is used for marketing via e-mail and / or SMS promotions, the national legislation and the new GDPR legislation has to be followed. The affiliate is solely and fully responsible to ensure full compliance with these legislations to ensure active, positive and explicit permissions from the users receiving the promotion. Orion Media cannot be held responsible for affiliates violation of national or international legislation, including GDPR. Publisher is also solely responsible for any legal liability arising out of (or relating to) the content in the publisher's medias or any material or content that the users can link to through publisher's medias, or GDPR violations.
The Affiliate is solely responsible for handling any inquiries, complaints or legal actions from users/consumers or Orion Medias Advertisers, arising out of publishers activities through Orion Media. In any cases of this kind, Orion Media will hand over contact details of the publisher and publisher will be responsible for own actions.
Advertising material
When advertising on behalf of Orion Media`s advertisers the affiliates is not permitted to change the advertising material in any way without specific permission from Orion Media. We will set up a chat-function, or similar, to get approved material in cooperation with the advertiser within 24/48 hours (if possible). The affiliates must not violate third party’s property rights, including intellectual property or copyright, and must observe international copyright claims. This includes texts, design, shape, or size of the campaign material.
Technical liability and warranty
Orion Media is not liable for any losses for affiliates caused by the cooperation with Orion Media. This includes losses because of malfunction of Orion Media or third-party websites, internet-services, software, hardware or technical problems with the Internet. This also includes accidental wrongful information about commission or time-limitations.
Disclaimer: Orion Media shall be liable towards the partner according to the general principles of applicable law, but can never be held responsible for economic matters towards a partner that is larger than the value of the same partner´s revenue in one month in the Orion Media affiliate program, and in any case no more than up to 5000 NOK.
Conditions for payment
Orion Media will calculate and pay commission`s monthly.
1. The date for payment will depend on where Orion Media’s Client is situated.
2. The amount will be calculated between the 1st and 10th of every month.
3. When payment is approved there will be generated a sales document and the amount will be transferred to the registered bank account of the affiliates.
4. Amounts under 100 NOK, SEK; DKK or 10 EURO will not be paid out the following month but transferred for the next month’s payment. If the amount is above the limit, the payment is processed as normal.
5. The payouts are limited according to the budget for the specific campaigns.
6. Orion Media has the right to modify or delete commissions if the affiliates action is deemed fraudulent or fake. (Donald Duck`s), duplicating or stealing of registrations, using a robot, programs or other fraudulent methods to obtain a commission from Orion Media.
7. Orion Media cannot make any guarantees for payment from advertising clients.
8. If a client is unwilling or unable to pay Orion Media for the advertising, Orion Media has the right to negotiate a reduced payment with the client, the affiliate will get compensated accordingly.
9. Payments to affiliates are valid and approved by affiliate unless a written protest is raised within 10 working days from payment by sending a written objection to Orion Media.
10. Orion Media has the right to transfer rights and obligations to other parts and/or companies.
Fraud or manipulation
Any attempt to manipulate Orion Media affiliate-program in any manner, hereunder performance data and registration of impressions, clicks, leads, and sales, will result in an immediate exclusion from the program. Affiliate partner is subject to full liability in case of fraud, cheats or manipulation.
Registration and storage of user data
Orion Media will collect, process and use personal data in accordance with these terms and conditions and in compliance with applicable law/governing the protection of data. Orion Media will register and store IP number of the click, conversion, Affiliate ID, click referral address and other registration-data on the users responding to campaigns run through the affiliate program. These data can be used for validation of lead registration and optimization of the advertisement of offers in Orion Media. Orion Media has the right to pass on information about the affiliates account in Orion Media and the affiliates media/medias during the participation in the affiliate program. All affiliate logins are monitored.
Duration and termination of cooperation
The cooperation is ongoing until terminated by one of the parties. When terminated without cause, there will be 3 working days’ notice. In cases of fraudulent behavior, Orion Media will close accounts immediately. All remaining credit for affiliate will be paid out on request if not deemed fraudulent. The reason for termination does not have to be explained. After having received a termination notice from Orion Media, affiliates agree to stop advertising on behalf of our advertisers. This includes, but is not limited to, removal of all marketing material in all of the affiliates media.
Violation
If this agreement is violated in any way, Orion Media reserves the right to take legal action against the affiliates. Orion Media reserves the right to withhold commission if this agreement is breached. The affiliates can be subject to fines up to, but not limited, to 20.000 NOK if a severe breach of the agreement (judged by Orion Media). The affiliates are fully liable for any losses or expenses the violation has inflicted Orion Media. We reserve the right to exclude the partner from the affiliate-program immediately. The affiliates shall keep Orion Media indemnified for any expense, loss or claims from third parties which have been a result of the affiliate’s breach of any term of this agreement.
Disputes
This contract is regulated by Norwegian law. The place of jurisdiction regarding disputes on the basis of this contract is Oslo, Norway.
Conditions
The conditions can be changed or extended by Orion Media according to advertisers needs or demands, development in the industry or national legislative conditions. By entering the cooperation, the affiliates accept this agreement for Orion Media`s affiliate network. Approval of cooperation is limited to the specific affiliate media/medias for which such approval relates. If a partner wants to include new media in the cooperation they can not do so without the permission of Orion Media.
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