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OmniBuys LLC Affiliate Agreement
This OmniBuys LLC Affiliate Agreement (the “Agreement”) constitutes a legally binding agreement between OmniBuys LLC /d/b/a OmniBuys LLC, a Florida Limited Liability Company, (“OmniBuys LLC”, “Scaling With Systems”, “Remote Integrator Academy”, or the “Company”) and you (the “Affiliate”). By checking the box stating that you have read and agree to the terms and conditions of this Agreement, you agree and consent to be bound by this agreement, including any changes to this Agreement or additional policies incorporated by reference, which OmniBuys LLC may make in its sole discretion in the future for as long as you remain an Affiliate.
Details and Payment
OmniBuys LLC shall provide a unique affiliate link to Affiliate (“Affiliate Link”).
OmniBuys LLC shall pay Affiliate a commission (“Affiliate Commission”) for anyone who uses the Affiliate Link (a “Lead”) and purchases the product “Side Hustle Shortcut”. OmniBuys LLC will pay an Affiliate Commission of 80% of the total purchase price for the Side Hustle Shortcut.
Affiliate Commissions will be computed monthly as of the last day of each calendar month and shall be paid within sixty (60) days following the end of the month. Along with any Affiliate Commission payment, OmniBuys LLC shall deliver to Affiliate a statement detailing its computations of the Affiliate Commission.
Affiliate will not utilize any promotion, promotion code, coupon, or other promotional opportunity that OmniBuys LLC has not specifically authorized.
Affiliate will not publish, distribute, post, broadcast, display, or permit any written material that references OmniBuys LLC without submitting such material to OmniBuys LLC for approval and receiving express prior written consent, which shall be in OmniBuys LLC’s sole and absolute discretion.
Affiliate’s website shall not, in any way, copy or resemble the look and feel of the OmniBuys LLC website, nor shall Affiliate create the impression that Affiliate’s website is the OmniBuys LLC website or a part of the OmniBuys LLC website.
Affiliate shall not frame or permit the framing of any page of the OmniBuys LLC website.
Affiliate shall not bid on any keyword in Pay per Click Search Engines (“PPCSEs”) that is an OmniBuys LLC trademark or a derivation of a trademark, or any other word or term that is likely to cause confusion regarding its affiliation with OmniBuys LLC. Some examples of these keywords include, but are not limited to:
- OmniBuys LLC, Remote Integrator Academy, Side Hustle Shortcut, or any variation or misspelling, or any names, variations, or misspellings of the foregoing.
- OmniBuys LLC may, at its sole discretion and at any time, modify this list to include any other word or phrase.
If promoting OmniBuys LLC using non-branded terms in PPCSEs, Affiliate is prohibited from (i) using as display URLs any OmniBuys LLC related trademarks or any variations thereof, including, but not limited to, the variations set forth in the list provided above; (ii) using the language “official site” or variations thereof in ad copy and from adding trademark symbols to ad copy; and (iii) using promotional language such as references to specific coupons and/or other incentives in ad copy.
If promoting OmniBuys LLC using non-branded terms in PPCSEs, Affiliate must designate itself as such by adding “aff” or “affiliate” to Affiliate’s ad copy.
Affiliate will not employ the use of any type of software download or technology which attempts to intercept or re-direct traffic or referral fees to or from, any other website without the written consent of OmniBuys LLC.
Affiliate is solely responsible for the development, operation, and maintenance of Affiliate’s website and social media and, except for the URL provided by OmniBuys LLC, for all content appearing on Affiliate’s website and social media. Affiliate assumes sole responsibility for the accuracy of the content of Affiliate’s website and social media, including, without limitation, descriptive claims, warranties, guarantees, testimonials and endorsements, and ensuring that the content on Affiliate’s website and social media (“Content”) and that the operation of Affiliate’s website and social media does not infringe or violate any intellectual property right or publicity right of any third party.
Affiliate shall not place or cause to be placed on Affiliate’s website or social media anything which is obscene, threatening, malicious, or which infringes on or violates any applicable law or regulation or any proprietary, contract, moral, privacy or other third party right, or which otherwise exposes Affiliate, OmniBuys LLC to civil or criminal liability.
Affiliate and Affiliate’s Content shall comply with all applicable laws, rules and regulations concerning the use of intellectual property, as well as all applicable laws, rules, regulations, and interpretive guidance concerning online advertising, including, without limitation, the Federal Trade Commission’s (“FTC”) Guides Concerning the Use of Endorsements and Testimonials in Advertising (16 C.F.R. Part 255), the FTC’s Notice of Penalty Offenses Concerning Deceptive or Unfair Conduct Around Endorsements and Testimonials (Oct. 13, 2021), the FTC’s Online Advertising Disclosure Guidelines (i.e., the .com Disclosures Guide), the Controlling the Assault of Non-Solicited Pornography And Marketing Act (CAN-SPAM) and state equivalents (e.g., California’s Anti-Spam Law, Cal. Bus. & Prof. Code § 17529).
Affiliate shall immediately notify OmniBuys LLC of any demand, claim, or action by a third party insofar as such demand, claim or action alleges that Affiliate’s website, its content, or its operation does not meet the requirements of this Agreement.
Affiliate will only use images and descriptions of OmniBuys LLC’s services that are provided by OmniBuys LLC and may only be used in a manner that is consistent with the affiliate relationship for the promotion and sale of OmniBuys LLC’s services.
Term and Termination
This Agreement will become effective as of the last date by which all Parties have executed this Agreement (the “Effective Date”) and shall continue for a term of one (1) year (the “Term”).
This Agreement may be terminated by either party for any reason upon thirty (30) days’ written notice.
This Agreement may be terminated for material breach of any provision of this Agreement by the other party, if the other party’s material breach is not cured within fifteen (15) days of receipt of written notice.
This Agreement may be terminated immediately by OmniBuys LLC if Affiliate violates the terms of this Agreement, improperly uses OmniBuys LLC name, logo, or graphics, or otherwise causes harm to OmniBuys LLC.
OmniBuys LLC Rights and Obligations
OmniBuys LLC reserves the right to refuse to process any Affiliate Commission due to suspected fraud or unauthorized or illegal activity.
OmniBuys LLC has the right to monitor Affiliate’s website or social media at any time to determine if Affiliate is following the terms and conditions of this Agreement.
OmniBuys LLC may inform Affiliate of any changes that need to be made to Affiliate’s website and/or social media, and refusal to change Affiliate’s website and/or social media accordingly may lead to the termination of this Agreement.
In the event that Affiliate provides a testimonial or endorsement to OmniBuys LLC concerning Affiliate’s experience using OmniBuys LLC services, Affiliate gives OmniBuys LLC permission to use their name and likeness for commercial purposes in connection with the promotion of the Company’s services. Additionally, you grant OmniBuys LLC a non-exclusive, irrevocable, transferable, sub-licensable, fully paid-up, royalty-free, worldwide, perpetual license to use, edit, perform, display, transmit, modify, reproduce, store, distribute, and prepare derivative works of your testimonial and any related content in any and all media or format and by any and all technologies and means of delivery for any purpose.
OmniBuys LLC HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ARISING OUT OF ANY COURSE OF DEALING. IN ADDITION, OmniBuys LLC MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS CONCERNING ITS WEBSITE, ITS SERVICES, OR THAT ITS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND OmniBuys LLC SHALL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
Representations and Warranties
Affiliate represents and warrants that:
- This Agreement has been duly and validly executed and delivered by Affiliate and constitutes Affiliate’s legal, valid, and binding obligation, enforceable against Affiliate in accordance with its terms;
- Affiliate has the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform Affiliate’s obligations under this Agreement, without the approval or consent from any other party;
- Affiliate has sufficient right, title, and interest in and to the rights granted to us in this Agreement.
Limitations of Liability
OmniBuys LLC SHALL NOT BE LIABLE TO AFFILIATE 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 OmniBuys LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL OmniBuys LLC’S CUMULATIVE LIABILITY TO AFFILIATE 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 COMMISSIONS ACTUALLY PAID TO AFFILIATE UNDER THIS AGREEMENT.
Affiliate hereby agrees to indemnify and hold harmless OmniBuys LLC, and its affiliates, their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including attorneys’ fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses arise out of or are related to:
- Any claim that our references to Affiliate’s Content infringes any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party;
- Any misrepresentation of a representation or warranty or breach of a covenant and agreement made by Affiliate in this Agreement;
- Affiliate’s acts or omissions not expressly permitted by OmniBuys LLC;
- Affiliate’s breach of this Agreement; or
- Any claim related to Affiliate’s Content, including without limitation content therein not attributable to OmniBuys LLC, not approved by OmniBuys LLC, or specifically prohibited by OmniBuys LLC.
Affiliate agrees that Affiliate is an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between Affiliate and OmniBuys LLC. Affiliate will have no authority to make or accept any offers or representations on our behalf. Affiliate will not make any statement, whether on Affiliate’s site or social media or other communications or any other means that reasonably would contradict anything in this section.
Neither party may assign its rights or obligations under this Agreement to any third party, except to a third party who obtains all or substantially all of the business or assets of either party.
This Agreement represents the entire agreement between Affiliate and OmniBuys LLC, and shall supersede all prior agreements and communications of the parties, oral or written. However, OmniBuys LLC reserves the sole and absolute right to change the terms and conditions of this Agreement to you by posting and providing notice of the revised Agreement on our website or mailing and/or e-mailing notice thereof to you.
This Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida without regard to the conflicts of laws and principles thereof.
The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of the Agreement.
If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.
If you have any questions about this Agreement, please contact OmniBuys LLC using the following information:
- OmniBuys LLC d/b/a Remote Integrator Academy
- Email: email@example.com