Affiliate Agreement – Terms and Conditions
These Terms and Conditions (the “Affiliate Agreement”) govern the Affiliate Program that is made available by One-Touch Drinks, LLC (“onetouchdrinks.com”, “One-Touch Drinks,” “we” or “us”). These Terms and Conditions represent the whole agreement and understanding between One-Touch Drinks and the individual or entity who participates in the Affiliate Program (the “Affiliate” or “you”).
Please read this agreement carefully as it represents a legally binding agreement between you and One-Touch Drinks. By submitting your application and by your use of the Affiliate Program, you agree to comply with all of the terms and conditions set out in this Affiliate Agreement. One-Touch Drinks may terminate your Affiliate Account at any time, with or without notice, for conduct that is in breach of this Affiliate Agreement, for conduct that One-Touch Drinks believes is harmful to its business, or for conduct where the use of the Affiliate Program is harmful to any other party.
2. Referral Tracking
One-Touch Drinks will provide the Affiliate with specific Referral Links to link advertisements and other marketing content to onetouchdrinks.com. One-Touch Drinks will track users who have visited these Referral Links using cookies which expire after 30 days. Only users who make a purchase while the cookie is active will be considered referrals of the Affiliate and recorded as such in the Affiliate Dashboard.
The Affiliate is not authorized to modify or alter the Referral Links or the cookies in any way. One-Touch Drinks is not responsible for any tracking or reporting errors that may result from any modifications to the Referral Link or the cookies.
All web page error requests (such as 403 errors or 404 errors) will direct traffic to a default One-Touch Drinks error page. This error page informs visitors that the web page they are looking for cannot be found, and may include, but without limitation to, the following:
Links to additional products and services offered by onetouchdrinks.com, or an internet search engine interface.
3. Affiliate Fees and Payouts
A referral will become eligible for payout (“Eligible Referral“) at the end of the calendar month that the customer’s return date passes if it meets all of these criteria:
- The referral makes a purchase of a machine without returning the machine back in 30 days and has paid in full.
- The referral’s account remains active and in good standing.
- The referral’s account has not had any of its payments refunded, charged back or otherwise reversed.
Failure to meet any of these criteria will permanently void the referral and disqualify the referral from any potential payouts.
The Affiliate is entitled to receive a one-time payment of 10% USD for each active Eligible Referral that is recorded in the Affiliate Dashboard (“Affiliate Fee“). Affiliate Fees will be payable after the return date allowance has passed, which is 30 days after the machine has been received by the customer. All Affiliate Fee payments will be payable in United States dollars. Payment will be made through PayPal or a check issued to the Affiliate using orders in the Affiliate Dashboard only. No verbal agreements may count.
In the event of any activity is deemed suspicious by One-Touch Drinks, this may delay the payment of Affiliate Fees by up to 6 calendar months to verify the relevant transactions. One-Touch Drinks reserves the right to recalculate, void, or disqualify any referrals or Affiliate Fees in the event of any fraudulent, deceptive or otherwise illegal activity.
Referrals for promotional purchases or special offers are not eligible for payout.
One-Touch Drinks hereby grants the Affiliate a non-exclusive, non-transferable, limited license to use the One-Touch Drinks logos for the sole purpose of promoting our service within the context of the Affiliate Program. This license will expire upon termination of the Affiliate’s participation in the Affiliate Program.
The Affiliate may only display advertisements that contain One-Touch Drinks’ logo or service marks in good taste. The Affiliate may not use One-Touch Drinks’ logos or service marks in a manner that, in One-Touch Drinks’ sole discretion, portrays One-Touch Drinks in a negative light.
The Affiliate will be solely responsible for its own marketing activities. All marketing activities must be professional and in full compliance with all applicable laws.
One-Touch Drinks may, without prior notice, require the Affiliate to remove or modify any advertisements in One-Touch Drinks sole discretion.
The Affiliate may terminate the Affiliate’s participation in the Affiliate Program with immediate effect by giving the other party a written notice of termination.
One-Touch Drinks reserves the right to terminate the Affiliate’s participation in the Affiliate Program at any time for conduct that is in material breach of this Affiliate Agreement or for conduct that One-Touch Drinks, in its sole discretion, deems to be harmful to its business or any third party.
Upon termination, the Affiliate will lose access to its Affiliate Dashboard and may forfeit potential or unpaid Affiliate Fees.
6. Relationship of Parties
The Affiliate is an independent contractor to One-Touch Drinks. Nothing in this Affiliate Agreement will create any partnership, employment, representative, agency, or joint venture relationship between the parties. The Affiliate has no authority to act on One-Touch Drinks’ behalf.
7. Limitation of Liability
The Affiliate Program is provided on an “as is” and “as available” basis and the use of the Affiliate Program is at the Affiliate’s own risk. One-Touch Drinks makes no representations or warranties, either expressed or implied, with respect to the Affiliate Program, or any service or information provided through the Affiliate Program.
One-Touch Drinks is not responsible for any damages, injury or economic loss arising from the use of Affiliate Program. Should any part of the Affiliate Program cause damage or inconvenience to the Affiliate or anyone claiming through the Affiliate, the Affiliate assumes responsibility and the entire cost for them.
The Affiliate will indemnify and hold harmless One-Touch Drinks, its directors, officers, employees, agents, subsidiaries, and third parties from and against any losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) arising out of or relating to the Affiliate’s or any third party’s operations or use of the Affiliate Program.
One-Touch Drinks may, in its sole discretion, change or modify this Affiliate Agreement at any time, with or without notice. Such changes or modifications shall be made effective for all Affiliates upon posting of the modified Affiliate Agreement to this web address: https://onetouchdrinks.com/ The Affiliate is responsible for reading this document from time to time to ensure that its use of the Affiliate Program remains in compliance with this Affiliate Agreement.
If any modification is unacceptable to the Affiliate, its sole recourse shall be to terminate this Affiliate Agreement. The Affiliate’s continued participation in the Affiliate Program will constitute binding acceptance of such modifications.
The Affiliate warrants and represents that it is over the age of 19 and is qualified to enter into this Affiliate Agreement. The Affiliate warrants and represents that its actions and its participation in the Affiliate Program is in compliance with all applicable laws, rules, regulations, and any requirements of governmental authority at all times. One-Touch Drinks reserves the right to terminate the Affiliate’s participation in the Affiliate Program if One-Touch Drinks determines, in its sole discretion, that the Affiliate’s actions or its participation in the Affiliate Program is in violation of any laws, rules, regulations, or any requirements of governmental authority.
This Affiliate Agreement constitutes the entire understanding between One-Touch Drinks and the Affiliate. This Affiliate Agreement supersedes any other contracts or understandings between the parties hereto and neither party shall be bound by any statements or representations that are not embodied in this Agreement. Any dispute arising in relation to this Affiliate Agreement shall be exclusively resolved in the Courts of the State of Texas, USA