|Conversion action||Online purchase with processed valid payment|
|Cookie days||30 day(s)|
|Commission type||Percent of Sale|
Whether you’re a busy mom, a college student, an influencer, or just an #Ogirl who’s truly passionate about the hands-free life, you can make some extra cash and unlock fun perks when you become an #OfficialOgirl. Our Brand Ambassadors aren’t just obsessed with their Big O Key Ring and the hands-free life, they truly embody Oventure. They’re real-life, doing-it-all women who are positive, fun, inclusive, and strive to live life in full color.
Once you're accepted into our program, you can invite your friends and fam to shop Oventure.com at 20% off through your custom link or discount code. If your referred friend makes a purchase, you receive your choice of 15% commission in store credit, or 10% cash commission. #OfficialOgirls also enjoy perks such as sneak peeks on upcoming products, early access to sales, and spotlights on our social platforms and blog.
This Ambassador Agreement (the "Agreement") contains the complete terms and conditions between The Big O LLC dba Oventure ("us", "we" or "Oventure") and you, regarding your application to and participation in the Oventure Ambassador Program (the "Program") as an Ambassador of Oventure ("you" or "Ambassador"), and the establishment of links from Ambassador’s social media accounts to our website, www.Oventure.com (the "Oventure Site").
BY SUBMITTING AN APPLICATION TO JOIN OR BY PARTICIPATING IN THE PROGRAM, YOU ARE CONFIRMING THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
To participate in the Program, you must be a legal resident of the fifty (50) United States and at least eighteen (18) years of age or older (or the age of majority, whichever is greater) in your state of legal residence.
"Ambassador" shall mean the individual applying to or participating in the Program by displaying Oventure's products on the social media accounts owned or controlled by Ambassador, including but not limited to, Instagram, Facebook, TikTok, YouTube or blog (individually and collectively, "Ambassador's Social Platform"), using an Ambassador tracking link (the "Link" defined below) in exchange for receiving a commission from Oventure for sales directly resulting from such display.
"Commission Fees" shall mean the amount Ambassador will be paid for each Qualified Purchase by a Referred Customer that Ambassador refers to Oventure, pursuant to the terms of this Agreement.
"Link" shall mean a unique tracking link provided by Oventure to Ambassador for Ambassador's use and posting on Ambassador's Social Platform in connection with a Post.
"Post" shall mean a post, story, tweet, video or blog, as applicable, made by the Ambassador on Ambassador's Social Platform, showcasing the Product and subject to the terms of this Agreement.
"Product" shall mean product available for purchase from the Oventure Site. Ambassador is solely responsible for acquiring (by purchase, borrow or otherwise) any such Product; however, from time to time, Oventure may gift Product to Ambassador as determined in its sole discretion.
"Qualified Purchase" shall mean a sale of Oventure's Product(s) to a Referred Customer. For sake of clarity, a Qualified Purchase shall only include a sale of Product to a Referred Customer at its full retail price or subject to a discount code or price reduction that is applicable to all or a general category of items on the Oventure Site.
"Referred Customer" shall mean each new customer referred to the Oventure Site from Ambassador through a Link, that provides valid account and billing information and completes a Qualified Purchase.
(a) To begin the enrollment process, Ambassador must submit a completed Program application through the Oventure Site.
(b) We will evaluate your application and notify you in a timely manner if the application is accepted or rejected. We may reject Ambassador's application for any reason, in our sole discretion, including if we determine that Ambassador's Social Platform is unsuitable for the Program. Unsuitability includes, without limitation, illegal, offensive, infringing content or content that we otherwise deem offensive. If Ambassador is accepted into the Program, Ambassador shall notify Oventure in writing of any significant changes to the content or structure of Ambassador's Social Platform within five (5) days of such change(s).
(c) For sake of clarity, submitting an application does not guarantee your acceptance into the Program. Applicants accepted into the Program will be determined by Oventure solely in its discretion. If you are accepted into the Program, Oventure expressly reserves the right to suspend or terminate your participation as an Ambassador and/or deactivate your Link, for any or no reason, with or without cause, at any time in its discretion. In the event of any such suspension, termination or deactivation, you will be notified by us in writing. Oventure further expressly reserves the right to modify, suspend or terminate the Program, and/or modify its Terms and Conditions, in whole or in part, at any time in its discretion, for any or no reason, and without notice to Ambassador.
Ambassador shall not modify the Link in any way. We will not be responsible for errors that occur in the tracking of transactions if Ambassador has made or caused any such modification.
(a) The Post: (i) must depict Ambassador and/or the Permitted Third Party wearing Product(s); (ii) must tag and mention in captions @ShopOventure and must include the required hashtags #OfficialOGirl and #Oventure in a clear and conspicuous manner (for example, in an Instagram Post, it must appear "above the fold" within the first three (3) lines of the post or superimposed in a story); (iii) may not mention, reference or show any brand that is competitive to Oventure; (iv) must not defame, misrepresent or disparage Oventure, its business, products or brands, or any third party brands, products or services competitive to Oventure and/or its business, products or brands; (v) must reflect Ambassador's actual, honest opinions, findings, beliefs, or experiences with Oventure and its business and products and will not contain any statements or representations about Company or its business and products which are not true or that is misleading or deceptive; (vi) shall be Ambassador's own original work, created solely by Ambassador, and will not infringe the copyright, trademark, privacy, publicity, or other personal or proprietary rights of any person or entity; and (vii) shall not contain or reference content which is lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libelous, or otherwise illegal, offensive or inappropriate in any way.
Oventure will process orders placed by Referred Customers who follow the Link from Ambassador's Social Platform to the Oventure Site. We reserve the right, in our discretion, to reject orders that do not comply with certain requirements that we may establish from time to time. All aspects of order processing and fulfillment, including Oventure's cancellation, processing, refunds, customer service and payment processing, will be our responsibility. We will track the Qualified Purchases generated by your Ambassador Link, at our discretion either directly or via a third party vendor, and we will make this information available to you through the Oventure Site. To permit accurate tracking, reporting and commission accrual, you must ensure that the Link between Ambassador's Social Platform accounts and the Oventure Site are properly formatted. We shall not be responsible for improperly formatted Links.
(a) We will pay Ambassador a Commission Fee based on the number of Qualified Purchases generated by the Link on Ambassador's Social Platform.
(b) The Commission Fee amount and structure shall be determined by the method of payment selected by Ambassador in its Program application. If Ambassador selected payment through PayPal, the Commission Fee shall be in an amount equal to ten percent (10%) for each Qualified Purchase, unless otherwise agreed between the parties in writing. If Ambassador selected payment by Oventure.com Store Credit, for each Qualified Purchase, Ambassador will receive a discount code in an amount equal to fifteen percent (15%) of the Qualified Purchase, unless otherwise agreed between the parties in writing, which discount code is valid towards a purchase made by Ambassador on the Oventure Site. The discount code is not valid towards prior purchases.
(c) A "Qualified Purchase" will not include: (i) a purchase that was completed prior to the Ambassador joining the Program or was not tracked properly through an Ambassador Link; (ii) a purchase that Oventure suspects, in its sole discretion, is the result of fraud, which shall include but is not limited to, the use of software that generates real and fictitious information, multiple accounts from the same customer, or the referral of accounts that do not comply with this Agreement; or (iii) a purchase made by Ambassador through its own Ambassador Link.
(d) We reserve the right to withhold payment of Commission Fees to an Ambassador who has commissions that are potentially fraudulent as determined by us in our sole discretion, to determine the legitimacy of the Referred Customers.
(e) We reserve the right to suspend the payment of Commission Fees at any time and indefinitely, if we suspect fraud or other improper activity or a potential breach of any of the terms of this Agreement by the Ambassador or a Referred Customer. We reserve the right to deduct from Ambassador's current and future Commission Fees any and all Commission Fees corresponding to any fraudulent, questionable or cancelled purchases.
(f) We reserve the right to immediately cancel or withhold for later review any Commission Fee that fails to meet the criteria of a "Qualified Purchase".
(g) Any attempt by Ambassador to manipulate, falsify or inflate Referred Customers, Qualified Purchases or Commission Fees to intentionally defraud Oventure or any violation of the terms of this Agreement constitutes immediate grounds for us to terminate your participation in the Program and will result in the forfeiture of any Commission Fees due to the Ambassador.
(a) Commission Fees will be paid thirty (60) days from the order date of the Qualified Purchase associated therewith.
(b) Payment of Commission Fees will be made through PayPal or by discount code to the Oventure Site, depending upon the method of payment you selected in your Program application. We are not responsible for paying any third party fees charged by PayPal in order for you to receive your Commission Fees.
(c) We reserve the right, in our discretion, to change or modify the available commission payment methods or payment schedule at any time. You will be notified by us of any such changes, which shall take effect when posted on the Oventure Site.
(d) Ambassador acknowledges and agrees that we may fulfill our payment obligations under this Agreement through a third party service or vendor.
(e) We do not make any guarantee of a minimum amount of Qualified Purchases or that the Ambassador will earn any amount of Commission Fee under this Agreement.
You may log into your Ambassador console to review your click through and potential Qualified Purchases statistics on a daily basis. The potential Qualified Purchases shown in this report have not been reviewed to confirm they meet all criteria for Qualified Purchases and, as such, Commission Fees may not be issued for all Referred Customers that appear in the Ambassador console. In the event that Ambassador disputes a Qualified Purchase and/or Commission Fee, Ambassador must file a written report of such dispute with Oventure by email within ten (10) days after the subject Commission Fee is made and/or would otherwise have been due. Ambassador's failure to file a timely dispute shall result in forfeiture of Ambassador's right to dispute the subject Commission Fee.
Referred Customers who buy products through the Program will be deemed to be customers of Oventure. Accordingly, all Oventure Site terms, policies, and procedures concerning customer orders, customer service, and product sales will apply to such customers with respect to their transactions at the Oventure Site. We may change our terms, policies and procedures at any time consistent with applicable laws. Since prices and availability may vary from time to time, Ambassador may not display Oventure price information on Ambassador's Post. We will use commercially reasonable efforts to present current and accurate information, but we cannot guarantee the availability or price of any particular product.
We grant to Ambassador a limited, non-exclusive, non-transferable, revocable license to use and display the Links, to access the Oventure Site through the Links and to use our trademark and logos solely in accordance with the terms of this Agreement, and only during the Term of this Agreement.
As between Ambassador and Oventure, Oventure shall own all right, title and interest, including all Intellectual Property Rights, in and to the Oventure Site, the Program and the Links. For the purposes of this Agreement, "Intellectual Property Rights" means copyright rights, trademark rights, patent rights, trade secrets, moral rights, right of publicity, authors' rights, contract and licensing rights, goodwill and all other intellectual property rights as may exist now and/or hereafter come into existence and all renewals and extensions thereof, regardless of whether such rights arise under the laws of the United States or any other state, country or jurisdiction.
We agree that you shall retain ownership rights to your Posts and you hereby grant us the perpetual, worldwide, royalty-free right and license to publish, copy, re-post, link to or otherwise use your Posts, your Social Platform handle, your name, and your image and likeness as depicted in a Post, in whole or in part, for any purposes in our discretion, in any and all mediums, without limitation, additional compensation, notice, review or approval.
Ambassador will be solely responsible for all content that appears on Ambassador's Social Platform. Such responsibility includes, without limitation: (i) the accuracy, timeliness and appropriateness of content posted on or to Ambassador's Social Platform; (ii) ensuring that posted materials do not violate or infringe upon the rights of any third party; and (iii) ensuring that posted content is not libelous or otherwise illegal.
Ambassador shall defend, indemnify and hold Oventure and its officers, directors and employees harmless from all claims, damages, and expenses (including, without limitation, reasonable attorneys' fees) relating to Ambassador's breach of this Agreement or gross negligence.
(a) The term of this Agreement will begin upon our acceptance of Ambassador's application into the Program and will end when terminated by either party (the "Term"). Either party may terminate this Agreement at any time, with or without cause, by giving the other party prior written notice by email.
(b) Oventure expressly reserves all rights to terminate the Program, in whole or in part, at any time for any or no reason, as determined in its sole discretion, by giving Ambassador written notice by email.
(c) Upon termination of this Agreement, Ambassador shall promptly remove all Links and Program related content from Ambassador's Social Platform. Ambassador is only eligible to earn Commission Fees on Qualified Purchases occurring during the Term (including all steps required for a transaction to be a Qualified Purchase under this Agreement. In the event that an overpayment is made by Oventure, Ambassador agrees to promptly remit such excess payment upon notification by Oventure. Oventure may withhold Ambassador's final payment for a reasonable time to ensure that the correct amount is paid. The definitions contained in this Agreement and Sections 12, 13, 15 and 18 through 22, shall survive the termination of this Agreement, along with any other provisions that by their express terms do, or by their nature should, survive.
We may modify this Agreement at any time in our sole discretion; provided that the change shall solely apply to events occurring after the date on which you accept and agree to such modifications unless you otherwise agree herein. Such modifications shall take effect when posted on the Oventure Site. Modifications may include, but are not limited to, changes in the scope of available Commission Fees, commission amounts or percentages, payment procedures, Commission Fee payment schedules, and Program rules. If any modification is unacceptable to you, your only recourse is to terminate this agreement, in which event you shall be entitled to your rights under the unmodified Agreement prior to the date of the applicable modification. Your continued participation in the Program following our posting of any modification on our website will constitute binding acceptance of the change.
For purposes of this Agreement, Ambassador will not be considered an agent, employee or representative of Oventure and shall remain in all respects an independent contractor. You will have no authority to make or accept any offers or representations on our behalf. Ambassador has no authority to act for or on behalf of Oventure or to bind Oventure in any legal contracts.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT Oventure SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR PARTICIPATION IN OR INABILITY TO PARTICIPATE IN THE PROGRAM (HOWEVER ARISING, AND REGARDLESS OF THE THEORY OF RECOVERY), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR TOTAL LIABILITY TO Ambassador ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND THE PROGRAM WILL NOT EXCEED THE TOTAL COMMISSIONS PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.
THE PROGRAM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND. OVENTURE EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROGRAM OR ANY PRODUCTS SOLD THROUGH THE PROGRAM (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE). IN ADDITION, OVENTURE MAKES AND GIVES NO WARRANTY (i) THAT THE PROGRAM WILL MEET YOUR REQUIREMENTS, (ii) THAT THE PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, AND (iii) THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PROGRAM WILL MEET YOUR EXPECTATIONS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PROGRAM IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. OVENTURE FURTHER MAKES NO REPRESENTATION THAT THE OPERATION OF THE OVENTURE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE WILL NOT BE LIABLE FOR ANY SUCH INTERRUPTIONS OR ERRORS.
(a) Any notice provided for or permitted under this Agreement will be treated as having been given when (i) delivered personally, (ii) sent by email; (iii) sent by nationally recognized commercial overnight courier with written verification or receipt; or (iv) mailed postage prepaid by certified or registered mail, return receipt requested, to the party to be notified, at the address set forth on Ambassador's application, in the case of Ambassador, and the postal and/or email address, as applicable, set forth below for Oventure. This provision shall not apply to Section 17, "Modifications."
The Big O LLC dba Oventure
2042 Irving Blvd
Dallas, TX 75207
Attn: Customer Service
Email: [email protected]
(b) If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not impair, affect or render invalid or unenforceable any other provision of this Agreement, and such invalid or unenforceable provision shall be replaced by a provision that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable provisions.
This Agreement shall be governed by and construed under the laws of the State of Texas, without regard to its conflict of laws principles. All claims, disputes or causes of action between us relating to or arising from this Agreement and/or the Program shall be resolved by mandatory, binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA"), which must be commenced within one (1) year after such claim, dispute or cause of action arises. The arbitration shall be conducted in Dallas, Texas, and the Federal Arbitration Act, and not any state law concerning arbitration, shall apply. The arbitration award shall be final and exclusive, and the prevailing party in the arbitration may file an action in court to confirm and to enforce the arbitration award. Any such action, or any claim, cause of action or proceeding not subject to arbitration as set forth in this Section, shall be filed and adjudicated in a state or federal court in Dallas, Texas, and all parties agree to submit to the personal jurisdiction of those courts. You irrevocably waive any rights to seek and/or obtain injunctive or other equitable relief and any defense of forum non conveniens. Should either party pursue any other judicial or administrative action with respect to any matter included within the scope of this binding arbitration provision, the responding party will be entitled to recover its costs, expenses and attorneys' fees incurred as a result of such action. Further, any and all disputes, claims and causes of action arising out of or connected with this Agreement and/or the Program, will be resolved individually, without resort to any form of class action.
Each of the parties hereto agrees that all information including, without limitation, the terms of this Agreement, business and financial information, Oventure pricing and sales information, shall remain strictly confidential and shall not be utilized for any purpose outside the terms of this Agreement except and solely to the extent that any such information is (a) already lawfully known to or independently developed by the receiving party, (b) disclosed in published materials, (c) generally known to the public, or (d) lawfully obtained from any third party any obligation of confidentiality to the disclosure hereunder. Notwithstanding the foregoing, each party is hereby authorized to deliver a copy of any such information (a) to any person pursuant to a valid subpoena or order issued by any court or administrative agency of competent jurisdiction, (b) to its accountants, attorneys, or other agents on a confidential basis, and (c) otherwise as required by applicable law, rule, regulation, or legal process.
This Agreement constitutes the entire agreement between the parties relating to this subject matter and supersedes all prior or simultaneous representations, discussions, negotiations and agreement, whether written or oral.
Customer support information
The Site is not intended for individuals under the age of 13. We do not intentionally collect Personal Information from children. If you are the parent or guardian and believe your child has provided us with Personal Information, please contact us at the address below to request deletion.
We share your Personal Information with service providers to help us provide our services and fulfill our contracts with you, as described above. For example:
As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For example:
For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.
You can opt out of targeted advertising by:
Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.
We use your personal Information to provide our services to you, which includes: offering products for sale, processing payments, shipping and fulfillment of your order, and keeping you up to date on new products, services, and offers.
Pursuant to the General Data Protection Regulation (“GDPR”), if you are a resident of the European Economic Area (“EEA”), we process your personal information under the following lawful bases:
When you place an order through the Site, we will retain your Personal Information for our records unless and until you ask us to erase this information. For more information on your right of erasure, please see the ‘Your rights’ section below.
If you are a resident of the EEA, you have the right to object to processing based solely on automated decision-making (which includes profiling), when that decision-making has a legal effect on you or otherwise significantly affects you.
We DO NOT engage in fully automated decision-making that has a legal or otherwise significant effect using customer data.
Our processor Shopify uses limited automated decision-making to prevent fraud that does not have a legal or otherwise significant effect on you.
Services that include elements of automated decision-making include:
If you are a resident of the EEA, you have the right to access the Personal Information we hold about you, to port it to a new service, and to ask that your Personal Information be corrected, updated, or erased. If you would like to exercise these rights, please contact us by e-mail at [email protected] or by mail using the details provided below:
Oventure, 2942 Irving Blvd, Suite 110, Dallas TX 75207, United States
Your Personal Information will be initially processed in Ireland and then will be transferred outside of Europe for storage and further processing, including to Canada and the United States. For more information on how data transfers comply with the GDPR, see Shopify’s GDPR Whitepaper: https://help.shopify.com/en/manual/your-account/privacy/GDPR.
If you are a resident of California, you have the right to access the Personal Information we hold about you (also known as the ‘Right to Know’), to port it to a new service, and to ask that your Personal Information be corrected, updated, or erased. If you would like to exercise these rights, please contact us by e-mail at [email protected] or by mail using the details provided below:
Oventure, 2942 Irving Blvd, Suite 110, Dallas TX 75207, United States
If you would like to designate an authorized agent to submit these requests on your behalf, please contact us at the address below.
A cookie is a small amount of information that’s downloaded to your computer or device when you visit our Site. We use a number of different cookies, including functional, performance, advertising, and social media or content cookies. Cookies make your browsing experience better by allowing the website to remember your actions and preferences (such as login and region selection). This means you don’t have to re-enter this information each time you return to the site or browse from one page to another. Cookies also provide information on how people use the website, for instance whether it’s their first time visiting or if they are a frequent visitor.
We use the following cookies to optimize your experience on our Site and to provide our services.
The length of time that a cookie remains on your computer or mobile device depends on whether it is a “persistent” or “session” cookie. Session cookies last until you stop browsing and persistent cookies last until they expire or are deleted. Most of the cookies we use are persistent and will expire between 30 minutes and two years from the date they are downloaded to your device.
You can control and manage cookies in various ways. Please keep in mind that removing or blocking cookies can negatively impact your user experience and parts of our website may no longer be fully accessible.
Most browsers automatically accept cookies, but you can choose whether or not to accept cookies through your browser controls, often found in your browser’s “Tools” or “Preferences” menu. For more information on how to modify your browser settings or how to block, manage or filter cookies can be found in your browser’s help file or through such sites as www.allaboutcookies.org.
Additionally, please note that blocking cookies may not completely prevent how we share information with third parties such as our advertising partners. To exercise your rights or opt-out of certain uses of your information by these parties, please follow the instructions in the “Behavioral Advertising” section above.
Please note that because there is no consistent industry understanding of how to respond to “Do Not Track” signals, we do not alter our data collection and usage practices when we detect such a signal from your browser.
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at [email protected] or by mail using the details provided below:
Oventure, 2942 Irving Blvd, Suite 110, Dallas TX 75207, United States
Last updated: FEBRUARY 17, 2021
If you are not satisfied with our response to your complaint, you have the right to lodge your complaint with the relevant data protection authority. You can contact your local data protection authority, or our supervisory authority.