Affiliate Program – oryxontech.com

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OryxonTech Service Agreement
This Service Agreement (“Agreement”) is entered into between OryxonTech (referred to as the "Company") and the Lead Provider specified in the corresponding Insertion Order (the “Lead Provider”). Each party may be referred to individually as a “Party” or collectively as the “Parties.”
Recitals
Acknowledging the Insertion Order:
The Insertion Order governs the relationship between the Company and the Lead Provider. Its terms take precedence over any conflicting provisions in this Agreement.
Scope of Lead Provider’s Engagement:
The Lead Provider agrees to execute advertising and marketing campaigns on behalf of the Company, as detailed in each Insertion Order, which is incorporated into this Agreement.
Purpose of the Agreement:
This Agreement establishes a comprehensive record of the Parties’ mutual understanding and formalizes the Lead Provider’s engagement with OryxonTech.
1. Incorporation
All terms outlined in the Insertion Order and the Recitals above are fully incorporated into this Agreement. In case of conflict, the Insertion Order terms will govern.
2. Nature of Relationship
The Parties are independent contractors. The Lead Provider delivers services on a non-exclusive basis. Each Party is solely responsible for its own obligations, including taxes, insurance, and operational responsibilities. Both Parties remain separate and accountable for compliance with applicable laws.
3. Service Terms
3.1 Lead Generation Services
The Lead Provider delivers high-quality calls or leads through digital, social media, search engine, or other agreed platforms. Nationwide campaigns are permitted if specified in the Insertion Order. All personnel must follow compliance and regulatory standards.
3.2 Marketing Materials
All marketing creatives must be approved by OryxonTech before use.
Publishers may not alter advertisements without explicit approval. Minor changes (like resizing) are allowed only if approved.
Unauthorized use or modification of materials is a breach of this Agreement.
3.3 Sub-Publishers
Sub-Publishers require prior approval from OryxonTech.
The Lead Provider is fully responsible for their compliance.
OryxonTech may request removal of any Sub-Publisher at any time.
3.4 Advertiser Responsibilities
Leads and calls may be sold to approved advertisers only.
Advertisers must comply with all privacy and legal regulations.
Data may be used for legitimate marketing purposes, quality assurance, or operational improvements.
Misuse of data by advertisers is their sole responsibility.
4. Payment Terms
Fees: Payment is based on rates outlined in the Insertion Order.
Lead Validity: Only valid and compliant leads or calls will be paid. Invalid leads include fake, incomplete, duplicate, or non-compliant submissions.
Reports: Publishers may receive reports via OryxonTech’s lead tracking platform. Reports are provided as a courtesy.
Invoice Submission: Payments are processed upon receipt of proper invoices.
Chargebacks & Refunds: Invalid leads or calls may be adjusted or rejected within 45 days.
5. Representations & Warranties
5.1 Licenses and Compliance
The Lead Provider confirms possession of all required licenses and agrees to comply with applicable laws, including telemarketing, advertising, privacy, and labor regulations.
5.2 Lead & Call Compliance
All leads and calls must be generated legally, ethically, and with proper consent. All opt-ins, recordings, and compliance documentation must be provided upon request.
5.3 Record Maintenance
Records must be maintained for a minimum of 2 years. The Company may inspect records with reasonable notice.
6. Confidentiality
Both Parties agree to protect confidential, proprietary, and trade-secret information. Confidential information may not be disclosed without prior written consent, except as required by law. Obligations survive termination for 2 years.
7. Indemnification
Each Party agrees to indemnify the other against any claims, liabilities, damages, or losses arising from breaches of this Agreement, including violations of law, confidentiality breaches, or misconduct by employees or contractors.
8. Termination
Either Party may terminate with 7 days’ written notice via email. Obligations related to payments, confidentiality, and ongoing services survive termination.
9. Notices
All notices must be sent in writing via email to the addresses specified in the Insertion Order. Email is the exclusive method for notices, including termination.
10. Assignment
The Lead Provider may not assign this Agreement without OryxonTech’s written consent. The Company may assign its rights freely, provided it does not affect the Lead Provider’s benefits under this Agreement.
11. Construction & 12. Entire Agreement
This Agreement, along with the Insertion Orders, represents the full understanding between the Parties. It supersedes all prior agreements or communications.
13. Successors & 14. Amendments
Binding on permitted successors. Amendments are valid only if in writing and signed by both Parties.
15. Severability
If any provision is invalid, the remainder remains enforceable. Parties agree to negotiate a valid replacement provision if needed.
16. Governing Law & Venue
This Agreement is governed by the laws of California. Any disputes are resolved in California courts. Parties waive jury trial rights.
17. Waiver
Failure to enforce a provision is not a waiver of future compliance.
18. Force Majeure
Neither Party is liable for delays due to causes beyond reasonable control (e.g., natural disasters, strikes, war). Financial inability is not a force majeure event.
19. Good Faith
The Parties commit to act in good faith and cooperate to fulfill obligations.
20. Survival
Provisions concerning confidentiality, indemnification, and governing law survive termination.
21. Authority to Contract
Both Parties represent full authority to enter into this Agreement without violating other agreements.
22. Execution
This Agreement and any Insertion Orders may be executed via email or facsimile. All counterparts together constitute a single binding document.

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