2.1. In order to participate in our Affiliate Program, you declare that:

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a) You are either a legal entity (business) that has been lawfully registered in your jurisdiction and that owns lawful tax credentials in your jurisdiction and can issue lawful invoicing documents or a natural person who owns lawful tax credentials in your jurisdiction. In both cases, you should have full contracting and legal capacity. You bear the responsibility to declare whether you act on behalf of a business or a natural person.

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b) You are not an individual and/or entity registered or operating in the territory of the Russian Federation.

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c) Your business or yourself (if natural person) is the owner or has the lawful license to operate the website that will participate in our Affiliate Program.

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d) If a business you act as the legal representative and/or have the legal power to represent the business that will participate in our Affiliate Program.

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e) Your website is not a parked domain nor a webpage without any content (or with any unlawful content) and/or does not contain (nor shall it contain in the future) any of the forbidden content and activities referred to in the present TCs.

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2.2. To begin the enrollment process, you will complete and submit the online application at the OneAir Platform. The fact that we auto-approve applications does not imply that we may not re-evaluate your application at a later time. We may reject your application at our sole discretion or terminate any time in the future. By submitting your application to us you lawfully declare that:

 

a) All representations of article 2.1. are applicable.

b) All the data in your application are true and accurate and correspond to you, your business and your website.

c) You have read, understood and accepted the present terms and conditions (otherwise you must refrain from submitting the application).

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2.3. You acknowledge that all the above representations (in articles 2.1. and 2.2.) are an absolute prerequisite for your participation in our Affiliate Program. In case that any of the above is untrue, false or inaccurate, we shall have the right to terminate and ban you from our Affiliate Program for cause (in this case no commission will be payable to you and/or we reserve the right to exercise any further claim we might have against you).

 

2.4. We may refuse your application and/or terminate and ban you from the Affiliate Program for cause as described previously in article 2.3 if we find out, or have reasonable indications that your site is unsuitable for our Program, including (but not limited to) if it:

i) Promotes and or contains sexually explicit materials and/or content.

ii) Promotes violence and/or terrorism.

iii) Infringes any rights of children or minors.

iv) Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

v) Promotes, incorporates, and/or contains illegal activities and/or content of any type.

vi) Incorporates any materials or procedures which infringe (or are likely to infringe) or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law.

vii) Includes “OneAir” or variations or misspellings thereof in its domain name. The affiliates should not use the word “scam” or similar negative words, for negative publicity.

ix) Contains software downloads that potentially enable diversions of commission from other affiliates in our program.

x) You may not create or design your website or any other website that you operate, explicitly or implied in a manner which resembles our website nor design your website in a manner which leads customers to believe you are and/or you have any association with (other than the co-operation described in the present TCs) OneAir or any other affiliated business.

 

2.5. As soon as we accept your application you will create an Account Profile with the use of your unique username and password. You have the obligation to keep safe and secret your password at all times and to inform us in case of loss, disclosure or unauthorized use of your password and/or your Account Profile. Any act or omission in the Platform with the use of your unique username and your secret password will be interpreted as your action or omission. Through your Account Platform, you will have access to the Affiliate Account Manager. Here you will be able to review our Program’s details, download HTML code (that provides links to web pages within the OneAir website) and banner creatives, browse and get tracking codes for our platform. In order for us to accurately keep track of all guest visits from your site to ours, you must use the HTML code that we provide for each banner, text link, or other affiliate links we provide you with otherwise we cannot guarantee that the Affiliate Program will run correctly without errors.

 

2.6. We reserve the right to create the banners at our sole discretion and to add, remove or replace content at any time. Also, OneAir reserves the right, at any time, to review your placement and approve the use of your Links as well as require that you change the placement or use and/or comply with the guidelines provided to you. The maintenance and update of your site will be your responsibility. It is also entirely your responsibility to follow all applicable intellectual property, consumer protection, data protection (as further analyzed in articles 6-8 below) as well as any other laws that pertain to your website and your business.

You understand and acknowledge that we are and remain throughout the term of our Affiliate Partnership two distinct and separate business entities, each one of which is responsible for its own business and ventures, and we have no other association or co-operation but the one related to the present Affiliate Program. In addition, if you are a natural person no employment or other work relationship is established between us.

 

2.7. We have the right (but we are under no obligation) to monitor your website at any time in order to determine if you are compliant to the terms and conditions of the present Agreement as well as in order to make sure that the links and references to our website are corresponding and are appropriate to our Affiliate Program. In this context you agree that we may notify you, at our sole discretion, of any changes we think appropriate (or necessary) for your website and to the links and/or references you make to us. If you do not abide by our requests with the time frame set, we reserve the right to terminate your participation in the OneAir Affiliate Program under the terms of article 3 below.

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2.8. We reserve the right to assign part (or the whole of) the present Agreement and Program to any third party who works with us for the execution of our Affiliate Program. In addition, we can use any third party as our subcontractor for the execution of any (or all) processes and/or operations related to our Affiliate Program.

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2.9. In case that you breach any of the above warranties (contained in the present article 2), notwithstanding any other rights and/or claims we might have against you, you shall indemnify and hold us harmless against any and all actions, claims, demands for any damage or loss, costs, charges, proceedings and expenses (including legal fees), arising out of or in connection with, or incurred by reason of any infringement of any of the above.