Last Updated on March 22nd, 2020.
Welcome to Zonops. We look forward to helping You grow your Amazon sales beyond anything You have done before, so You can take your business as far as You can imagine. This Agreement sets forth Your rights and obligations as a Zonops User. By clicking “I Agree,” You indicate that You have read and understood this Agreement and You will be bound by its Terms.
A. “Zonops” is a trademark of Odera Global Pty Ltd, and also refers to proprietary Odera Global Pty Ltd software used to manage online Amazon seller operations and automate various Amazon seller tasks. In this Agreement, references to “Zonops” as a Party mean and refer to Odera Global Pty Ltd, doing business as Zonops, and Odera Global Pty Ltd’s owner(s), parent company(ies), affiliate entities, and employees, and assigns.
B. “Parties” mean zonops, Odera Global and You. zonops, Odera Global Pty Ltd and You are each a “Party.”
C. “Terms” mean and refer to the Zonops User Terms and Conditions set forth herein.
D. “User” refers to a person who has created a Zonops Account. “User Account” refers to a User’s Zonops Account.
E. “You”and “Your” means the Zonops User who has executed this Agreement by clicking “I Agree.”
By clicking “I Agree” to these Terms, transferring payment to Zonops, and creating a User Account, You become a Zonops User. There are various products and services available to Users, and monthly and annual prices applicable to such products and services. Zonops’ products, services, and prices are posted https://www.zonops.com, and are subject to change without notice. Price changes are effective on the first day of the month after the price change is posted https://www.zonops.com. By clicking “I Agree” and providing Zonops Your credit card information You authorize Zonops to charge Your credit card in the amount indicated for the value of the services You select, including any future price changes. By Your continued use of Zonops services, and unless You terminate this agreement as provided herein, You agree that Zonops may charge Your credit card monthly or annually for the products and services You have selected, and You consent to any price changes for such services.
Your User contract with Zonops begins when You click “I Agree,” and will continue month-to-month until either:
A. Zonops cancels Your account due to Your breach of any of the Terms of this Agreement. In the event this Agreement is cancelled due to Your breach, You will not be entitled to pro-rate Your last month’s use, nor will You be entitled to any refund for any payments You have made to Zonops.
B. You provide Zonops ten (10) days’ e-mail notice, as provided herein, of Your cancellation of Your account. If You provide such notice less than ten (10) days before the first day of the next month, Your credit card may still be charged. You will not be entitled to pro-rate Your last month’s use, nor will You be entitled to any refund for any payments to Zonops.
C. Your credit card or Zonops’ charge is denied for any reason and You do not provide Zonops a new credit card within ten (10) days.
By completing our Partner Application, you agree to Terms and Rules discussed herein. This Agreement is between Zonops (“affiliate manager,” “us,” “we,” or “our”) and the Partner (“the referrer,” “you,” “your” or “partner”). We are independent parties and this agreement will not form any partnership. This agreement will begin upon our acceptance of your partner application (“Effective Date”) and will end when terminated by either party. Termination may happen at any time, with or without cause, by giving the other party written notice of termination.
Commissions are earned at a rate of 15%, of the paid “package” subscription, to the “last referrer” noted on the customers affiliate link at the time of their first purchase.
Packages consist of the base level plans listed on zonops.com/pricing and do not include add-ons or any other zonops products.
Earned commissions will be approved and paid one week after referred accounts pass their refund period. We have the right to change our refund policy at any time, and, if we do, the commissions will be adjusted accordingly.
Approved commissions over $100 will be paid out each month on the last Friday of the month via Paypal.
NO COMMISSIONS can be earned on your own account. No self-referring for the sole purpose of getting a discount.
The Referrer (Partner) and Referee may not be immediate family members, and must reside at different addresses.
We will monitor, track and audit referrals submitted for accuracy and to prevent fraud. We reserve the right to clawback paid commission, exclude you from earning commissions and forfeit any partner rewards should we find any errors or agreement violations.
We will manually add you as the referral partner, per your request, if the client doesn’t sign-up with your affiliate link and all of the following requirements are met:
In order to claim approved commissions you must have a valid Paypal account.
All unclaimed approved commissions older than six months, will be canceled.
You can download your 1099 from Paypal for United States taxes.
By posting a change notice, we may modify any of the terms and conditions within this Agreement at any time and at our sole discretion. If any of the modifications are unacceptable to you, your only recourse is to terminate this Agreement. Continued participation in the program 30 days following the posting will be considered as your acceptance of the change.
Affiliates may not bid on Zonops trademark terms on Google and Bing/Yahoo, including international versions.
There are no trademark restrictions with Zonops trademarks on Ask, Find What, Facebook, and other pay-per-click search engines.
Affiliates MAY NOT use www.zonops.com in the display URL at any PPC search engine or various content network sections. Alternative spellings of our domain name are also not permitted, including but not limited to www.zon-ops.com, www.zonops.net, etc. See direct linking policy below for additional information.
Affiliates are permitted to use Zonops trademarks in the URL to the right of the domain in the display URL. Example: www.yoursite.com/zonops.
Affiliates may not include "Official Site" or make representations that your advertisement is from Zonops.
Affiliates may not bid on Zonops + "term" on Google and Bing/Yahoo. Example: Zonops reviews, Zonops discounts, etc.
You may bid on manufacturer specific terms, although, some manufacturers have blocked the use of their terms on various search engines without prior permission.
Zonops terms include all of the following and any potential misspellings not shown here:
Affiliates may bid on manufacturer specific terms, although some manufacturers have blocked the use of their terms on various search engines without prior permission.
Direct-to-merchant linking is not permitted on Google and Yahoo/Bing. Affiliates may not use our URL in the display URL on any PPC advertisement.
Domain misspellings are not allowed in the display URL on any advertisement including but not limited to www.zonop.com, www.zonops.net, www.zon-ops.com, etc.
Affiliates bidding on Zonops trademarks may not use a landing page that includes advertisements for competitors.
Geo-targeting is allowed on all search engines as long as policies regarding display URL, competitor terms and trademarks are followed.
Dayparting is allowed on all search engines as long as policies regarding display URL, competitor terms and trademarks are followed.
Using geo-targeting and dayparting to avoid enforcement of the Zonops PPC Policy is strictly prohibited and grounds for immediate removal and reversal of all commissions up to 30 days prior to the date of the PPC violation.
International geo-targeting is allowed as long as the advertisement is truthful in the Zonops international policies.
International affiliates may not use a Zonops display URL on any search engine, including but not limited to www.zonops.com, and any related misspellings.
Truth in advertising: Affiliates are required to be truthful about any advertisement representing Zonops.
Do not represent your advertisement as an official or endorsed Zonops advertisement or site.
Zonops reserves the right to exclude any or all of our PPC policy for individual affiliates at our sole discretion.
Excluded affiliates are required to agree via signed contract to any exclusion permitted herein. Do not assume exclusion via verbal or written communication.
Partners/Affiliates receive one warning and are given 48 business hours to comply with any PPC violations. A second violation will result in termination of the partner/affiliate relationship and may be cause for reversal of past commissions earned up to 30 days prior to the second violation. See below exceptions to this policy.
Partners/Affiliates found using geo-targeting or dayparting features on search engines to avoid enforcement of the Zonops PPC Policy will be immediately removed from the Zonops partner/affiliate program, have all commissions reversed up to 30 days prior to the violation date and be immediately reported to the Affiliate Network for investigation.
Partners/Affiliates found in breach of the PPC Policy and Terms of Service regarding competitor terms will be immediately removed from the program, have all commissions reversed up to 30 days and be subject to a $5,000 penalty.
From time to time, Zonops may review the PPC policy for changes in the way search engines operate or changes in Zonops philosophy. Any changes made to the PPC Policy will be announced via the Zonops Partner Center and posted on the Zonops legal website. Partners/Affiliates are given no less than seven business days to comply with any new PPC terms before a first violation is cited on the partner's/affiliate's account.
Violations of the Zonops PPC Policy may be reported to firstname.lastname@example.org. Please have all applicable proof in your email, including but not limited to screenshots of the ad, geographical location of the ad, URL/network tracking information and the search engine where the ad was found.
This Agreement will be governed by the laws of Australia and the state of Queensland. Any action relating to this Agreement must be brought in the Federal or State courts located in Brisbane, Queensland, and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement. By submitting this Partner Agreement form, you acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated this program and are not relying on any representation, guarantee, or statement other than as set forth in this agreement.
Any content on any Zonops website may constitute the intellectual property of Zonops. Except where expressly authorized, no material on any Zonops website may be copied, reproduced, distributed, republished, uploaded, displayed, posted or transmitted in any way whatsoever. The Zonops trademark and logo are proprietary marks of Zonops, and the use of those marks is strictly prohibited. Nothing herein gives You the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by Zonops or any of Zonops’ affiliates.
You agree to protect, defend, indemnify and hold harmless Zonops, its officers, directors, employees, owner(s), and parent company(ies) and assigns from and against all claims, demands, and causes of action of every kind and character without limit arising out of Your conduct. Your indemnity obligation includes, but is not limited to, any third party claim against Zonops for liability for payments for, damages caused by, or other liability relating to, You.
Zonops does not promise, guarantee or warrant Your business success, income, or sales. You understand and acknowledge that Zonops will not at any time provide sales leads or referrals to You. Additionally, Zonops’ WEBSITES AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. ZONOPS MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH ANY ZONOPS WEBSITE OR SERVICE. ANY RELIANCE ON OR USE OF SUCH MATERIALS SHALL BE AT YOUR SOLE RISK. ZONOPS MAKES NO REPRESENTATION OR WARRANTY (A) THAT ANY ZONOPS WEBSITE OR SERVICE WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO ANY ZONOPS WEBSITE OR SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; (B) THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR (C) THAT ANY ZONOPS’ WEBSITE OR THE SERVERS OR NETWORKS THROUGH WHICH ANY ZONOPS’ WEBSITE IS MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
The Zonops websites may include inaccuracies, errors and materials that conflict with these Terms. In the event of any conflict between anything posted on any Zonops website and these Terms, these Terms shall control.
YOU AGREE THAT IN NO EVENT SHALL ZONOPS’ LIABILITY TO YOU FOR ANY CLAIM OF ANY KIND OR DESCRIPTION EXCEED THE AMOUNT OF THREE (3) TIMES THE PAYMENTS PAID BY YOU TO ZONOPS FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST ZONOPS OCCURRED. YOU WAIVE ANY RIGHT TO SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND OR DESCRIPTION.
Zonops will not be responsible to You for any delay, damage, or failure caused by or occasioned by a Force Majeure Event. As used in this Agreement, “Force Majeure Event” shall mean: any act of God, act of nature or the elements, terrorism, insurrection, revolution or civil strife, piracy, civil war or hostile action, labor strikes, acts of public enemies, federal or state laws, rules and regulations of any governmental authorities having jurisdiction over the premises, inability to procure material, equipment, or necessary labor in the open market, acute and unusual labor, material, or equipment shortages, or any other causes beyond the control of Zonops. Delays due to any of the above causes shall not be deemed to be a breach of or failure to perform under this Agreement. Zonops shall not be required against its will to adjust any labor or other similar dispute except in accordance with applicable law.
Zonops may assign its rights under this Agreement at any time, without notice to You. Your rights arising under this Agreement cannot be assigned by without Zonops’ or its assigns express written consent.
As a Zonops User, You will be required to create an account with Zonops. You warrant that the information You provide Us is truthful and accurate, and that You are not impersonating another person. You are responsible for maintaining the confidentiality of any password You may use to access Your Zonops User account, and You agree not to transfer Your password or User name, or lend or otherwise transfer Your use of or access to Your User account, to any third party. You are fully responsible for all transactions with, and information conveyed to, Zonops under Your User Account. You agree to immediately notify Zonops of any unauthorized use of Your password or User name or any other breach of security related to Your User account. You agree that Zonops is not liable, and You will hold Zonops harmless, for any loss or damage arising from Your failure to comply with any of the foregoing obligations.
You grant Zonops permission to use any and all photographs taken by Zonops or its agents or employees, or submitted by You to Zonops (hereinafter “Photographs”) in any Media (including print, internet, film, television and no matter how distributed or published) for any purpose, which may include, but shall not be limited to, advertising, promotion, marketing and packaging of Zonops or any product or service sold and marketed by Zonops. You agree that this authorization to use Photographs may be assigned by Zonops to any other party. You agree that that the Photographs may be combined with other Photographs, sounds, text and graphics, and that the Photographs may be manipulated, cropped, altered or modified in Zonops’ sole discretion. You agree not to charge a royalty or fee, and not to make any other monetary assessment against Zonops in exchange for this Release and Assignment. You hereby release and forever discharge Zonops from any and all liability and from any damages You may suffer as a result of the use of the Photographs. You further acknowledge and agree that this Release is binding upon Your heirs and assigns. You agree that this Release is irrevocable.
Zonops has the right to terminate this Agreement at any time if You engage or have ever engaged in any of the following:
A. HARMFUL ACTS. Any dishonest or unethical business practice; any violation of the law; infliction of harm to the reputation of Zonops; and the violation of the rights of Zonops or any third party
B. “SPAMMING” AND UNSOLICITED COMMUNICATIONS. Any communications sent or authorized by You reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third party blogs) will be deemed a material threat to the reputation of Zonops and to the rights of third parties. It is Your obligation, exclusively, to ensure that all business communications comply with state and local anti-spamming or analogous laws.
C. OFFENSIVE COMMUNICATIONS. Any communication sent, posted, or authorized by You, including without limitation postings on any website operated by You, or social media or blog, which are: sexually explicit, obscene, or pornographic; offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory; graphically violent; solicitous of unlawful behavior; or that violates the intellectual property rights of another.
If You have any questions or complaints concerning any of the Terms, You may contact Zonops by e-mail at admin[a]Zonops.com, or by regular mail at PO Box 764, Bulimba Qld 4171, Australia.
California residents, under California Civil Code Section 1789.3, may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
If You believe that materials or content available on any Zonops website infringes any copyright You own, You or Your agent may send Zonops a notice requesting that Zonops remove the materials or content from the Zonops website. If You believe that someone has wrongly filed a notice of copyright infringement against You, You may send Zonops a counter-notice. Notices and counter-notices should be sent to Zonops, Attention Legal Department, at PO Box 764, Bulimba Qld 4171, Australia or by e-mail to info[a]Zonops.com.
A. ARBITRATION. Any claim or grievance of any kind, nature or description that You have against Zonops including, but not limited to, economic losses, personal injury, or property damage, shall be resolved exclusively in binding arbitration in Australia. You agree not to file suit against Zonops or any of its affiliates, subsidiaries, officers, directors, employees, successors, or assigns. The arbitration will take place before a neutral arbitrator (hereafter, “Arbitrator”) agreed upon by You and Zonops. In the event that You and Zonops are unable to reach agreement on an Arbitrator, You and Zonops will each select an arbitrator, and the two of them will select the Arbitrator, who must be a resident of Singapore. The arbitrators selected by You and Zonops will have no further involvement in the arbitration. The Arbitrator will determine the rules governing arbitration. The decision of the Arbitrator will be final and binding on You and Zonops and may be reduced to a judgement in any court of competent jurisdiction. This agreement to arbitrate survives any termination or expiration of the Agreement.
B. GOVERNING LAW. This Agreement shall be governed, construed, and interpreted in accordance with the laws Australia without regard to any choice of law provisions.
C. WAIVER OF CLASS ACTION CLAIMS. You understand and agree that You will not have the right to participate in a representative capacity or as a member of any class of claimants pertaining to any claims that may arise under, or be in any way related to, this Agreement. There is no right or authority for any claim You have against Zonops to be brought on a class action basis or on any basis involving claims brought in a purported representative capacity on behalf of the general public, or on behalf of other persons or entities similarly situated. Claims brought against Zonops may not be joined or consolidated with claims brought by anyone else.
D. LIMITATIONS PERIOD. Any claim brought in arbitration must be brought within the time period set forth in any statute of limitations that, but for this agreement to arbitrate, would apply to the claims asserted in any arbitration proceeding.
E. INJUNCTIVE RELIEF. Nothing in this Agreement prevents Zonops from applying to and obtaining from any court having jurisdiction a temporary injunction, preliminary injunction, permanent injunction, or other relief available to protect Zonops’ rights prior to, during, or following any arbitration proceeding.
F. ATTORNEYS’ FEES. You agree that in the event of any arbitration or litigation, each Party will each bear its own costs and attorneys’ fees, regardless of who is deemed the prevailing party. The foregoing notwithstanding, if either You or Zonops commences an action in a court of law or equity and the responding Party successfully moves such court to compel arbitration, the Party who moved for the order compelling arbitration shall be entitled to recover its reasonable costs and attorneys’ fees incurred on the motion to compel from the other Party.
Zonops reserves the right to change these Terms, in whole or in part, from time to time at Zonops’ sole and absolute discretion, and to provide You with notice of such change by any reasonable means, including without limitation posting revised Terms https://www.site.zonops.com/terms. By Your continued use of Zonops’ services, and unless You terminate this agreement as provided herein, You manifest Your agreement to any subsequent changes to the Terms.
If any Term set forth herein is deemed unenforceable under any applicable law, the remaining Terms shall remain in full force and effect and these Terms shall be read, collectively, as if the unenforceable Term(s) were omitted.
No waiver by ZonOps of any breach or default of these Terms will be deemed to be a waiver of any preceding or subsequent breach or default.
Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
Any notice required to be given to ZonOps under or related to these Terms must be in writing, addressed as follows:
Odera Global Pty Ltd
PO Box 764
Bulimba Qld 4171
Notices to You may be made by posting a notice (or a link to a notice) on https://www.site.zonops.com/terms, by e-mail, or by regular mail, at the discretion of Zonops.