These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the OstoDate.com website (“Website” or “Service”) and any of its related products and services (collectively, “Services”). The term ("Customer") refers to customers who have subscribed to OstoDate as paying VIP members and not the "Affiliate". The term (“Member”) refers to any registered member who has registered as a standard member or paying VIP Member of OstoDate and not the Affiliate. This Agreement is legally binding between you (“User”, “you”, “Affiliate” or “your”) and CowGoMoo Web Solutions Ltd. (doing business as “OstoDate”, “we”, “us” or “our”). If you are entering into this agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this agreement, you must not accept this agreement and may not access and use the Website and Services. By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and OstoDate, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.
1. Eligibility, commencement and termination
You must be at least 18 years of age to use this Website and become an affiliate. By using this Website and by agreeing to this Agreement you warrant and represent that you are at least 18 years of age. If you create an affiliate account at the Website, you are responsible for maintaining the security of your affiliate account and you are fully responsible for all activities that occur under the affiliate account and any other actions taken in connection with it. Providing false contact information of any kind may result in the termination of your affiliate account.
The Affiliate is entitled to terminate this Agreement with immediate effect at any time. The Affiliate must stop using the service immediately upon the termination of this Agreement and remove all links to our Websites and, to avoid any doubt; the Affiliate will not be entitled to receive any Commission on any Referrals made after the termination date of this Agreement. You must immediately notify us of any unauthorised uses of your affiliate account or any other breaches of security.
We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your affiliate account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your affiliate account for the foregoing reasons, you may not re-register for the our Services. We may block your email address and Internet protocol address to prevent further registration.
When you join our affiliate program, you are provided with a unique affiliate link. When a user clicks on your unique affiliate link, they will be forwarded to our website and their activity will be tracked by our affiliate software whereby;
(a) you will earn £0.10 commission for a visitor signing up as a standard (unpaid) Member to our Service also known as "Leads".
(b) you will earn 50% commission of the total Sale amount of a Subscription resulting form a lead generated by the Affiliate.
Commission will only be paid on;
(c) commission on Leads will be retained and considered cleared after 30 days. All leads eligible for commission must be of active accounts who have at least logged in twice, verified their email address by clicking a link provided via email upon joining and created a valid profile.
(d) sales that have cleared only. All new sales will be retained as uncleared until the end of the chargeback period (this is dependant on the credit card used by the Customer, but is usually 90 - 120). Commission is paid on the first sale of your referral only and no commission will be paid on recurring billing sales.
Our Customers are under the protection of consumer rights and on the rare occasion may request a refund or chargeback through their bank. If any such refunds or chargebacks is related to the Affiliate's commission, this commission will be deducted from the total commission due to the Affiliate.
Please Note: We may occasionally delete Member’s accounts for breaking our Acceptable User Policy, Content Guidelines or Image Guidelines or Members may request the deletion of their own account. Some of these account deletions may have been accounts that had resulted from affiliate's leads. Should these deletions occur before commission has been paid to the Affiliate, the commission will be deducted from the Affiliates total commission owed. We reserve the right to change the commission rates on leads and sales but these new commission rates will only apply to sales and leads generated after the new commission rates. These rates will be displayed on our site. We will give reasonable notice either by posting on the site or via email or both.
4. Prohibited traffic
In order to maintain the high quality and standards of membership and our good reputation you are prohibited from sending traffic from websites and sources in connection with any of the following, each of which is prohibited under this Agreement:
(a) Distributing malware or other malicious code.
(b) Disclosing sensitive personal information about others.
(c) Collecting, or attempting to collect, personal information about third parties without their knowledge or consent.
(d) Distributing hardcore pornographic images.
(e) Promoting or facilitating prostitution or any escort services.
(f) Hosting, distributing or linking to child pornography or content that is harmful to minors.
(g) Promoting or facilitating gambling, violence, terrorist activities or selling weapons or ammunition.
(h) Engaging in the unlawful distribution of controlled substances, drug contraband or prescription medications.
(i) Managing payment aggregators or facilitators such as processing payments on behalf of other businesses or charities.
(j) Facilitating pyramid schemes or other models intended to seek payments from public actors.
(k) Threatening harm to persons or property or otherwise harassing behavior.
(l) Purchasing any of the offered Services on someone else’s behalf.
(m) Misrepresenting or fraudulently representing products or services.
(n) Infringing the intellectual property or other proprietary rights of others.
You will be able to withdraw your commission once your have reached our minimum requirement of £100.00 of cleared sales and leads only. Commission is only paid on the funds that have cleared. We use PayPal to electronically transfer commission of sales to the Affiliate's PayPal account only.
In the event of fraud or suspected criminal activity by the Affiliate, We reserve the right to terminate and/or suspend the Affiliate from our Affiliate Program without any notice and this will result in the cancellation of any funds owed to the Affiliate.
7. Artificial Traffic
As an Affiliate you agree to be responsible for all of your links (including your affiliate link provided by us) and the traffic you direct to our website and service. We reserve to right to withhold payment and terminate any affiliate account which we have reasonable doubt has been providing illegitimate traffic (including electronically generated).
We perform regular backups of the Website and Content, however, these backups are for our own administrative purposes only, and are in no way guaranteed. You are responsible for maintaining your own backups of your data. We do not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly.
You may not misrepresent our service or website and if such activities should materialise, we reserve the right to terminate and/or suspend the Affiliate from our Affiliate Program without any notice and this will result in the cancellation of any funds owed to the Affiliate.
10. Limitation of liability
To the fullest extent permitted by applicable law, in no event will CowGoMoo Web Solutions Ltd, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use or content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if CowGoMoo Web Solutions Ltd has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of CowGoMoo Web Solutions Ltd and its affiliates, officers, employees, agents, suppliers and licensors, relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to CowGoMoo Web Solutions Ltd for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
You agree to indemnify and hold CowGoMoo Web Solutions Ltd and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website or Services or any wilful misconduct on your part.
12. Intellectual property rights
This Agreement does not transfer from CowGoMoo Web Solutions Ltd to you any CowGoMoo Web Solutions Ltd or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with CowGoMoo Web Solutions Ltd. All trademarks, service marks, graphics and logos used in connection with our Website or Services, are trademarks or registered trademarks of CowGoMoo Web Solutions Ltd or CowGoMoo Web Solutions Ltd licensors. Other trademarks, service marks, graphics and logos used in connection with our Website or Services may be the trademarks of other third parties. Your use of our Website and Services grants you no right or license to reproduce or otherwise use any CowGoMoo Web Solutions Ltd or third-party trademarks.
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or as part of a merger.
15. Disclaimer and Warranty
We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected.
You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. While we take various security precautions and have certain anti virus software installed on our servers, this is in no means a guarantee and it must be assumed that there is none and that You accept We are not responsible for any damage or loss by the use of our Website or Service.
Affiliates are provided with a real time detailed reporting system which shows commission that is pending and cleared. The Affiliate agrees to regularly check these reports to ensure that the commission shown is accurate and correct. We do not accept responsibility for any omissions or errors and any consequential implications which are not notified to us in writing within a 28 day period. This four 28 day period starts on the day that the sale which generates the commission took place. We will do everything that we can to correct any omissions or errors which may occur but we will not be liable for any of these which are not brought to our attention within the 28 day period as shown above.
16. Changes and amendments
We reserve the right to modify this Agreement or its terms related to the Website and Services at any time at our discretion. When we do, we will revise the updated date at the bottom of this page, send you an email to notify you. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.
An updated version of this Agreement will be effective immediately upon the posting of the revised Agreement unless otherwise specified. Your continued use of the Website and Services after the effective date of the revised Agreement (or such other act specified at that time) will constitute your consent to those changes.
17. Acceptance of these terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Website or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Website and its Services.
If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may do so via the contact form.
This document was last updated on August 11th, 2021