Affiliate Agreement

(Terms & Conditions)

Effective Date: January 2025

 

Table of Contents

1. Introduction

2. Acknowledgement

3. Provision of Affiliate Services

4. Commencement and Duration

5. Amendments

6. Scope of the Agreement

7. Definitions and Interpretation of Terms

8. Application and Registration Data

9. Affiliate’s Representations and Warranties

10. Affiliate’s Rights and Obligations

11. Sub-Affiliates

12. The Company’s Rights and Obligations

13. Reports and Payments

14. Termination

15. Survival Clause

16. Liability

17. Communication

18. Relationship of the Parties

19. Non-Exclusivity

20. Confidentiality

21. Intellectual Property, Branding, and Proprietary Rights

22. Assignment

23. Governing Law and Jurisdiction

24. Severability

25. Entire Agreement

 

 

 

1. Introduction

 

1.1 Oasis Land Development Ltd. (“the Company” or “Oasis”) specialises in developing and selling premium freehold land in the Cayman Islands.

1.2 This Affiliate Agreement (“Agreement”) governs the terms and conditions of the relationship between Oasis and individuals or entities (“Affiliate” or “You”) who participate in the Company’s Affiliate Program (“Program”) Refer and Reward to promote Oasis’s offerings.

1.3 By registering for and participating in the Program, the Affiliate agrees to abide by all terms outlined herein, as well as any referenced supplemental terms and conditions.

 

2. Acknowledgement

2.1 The Affiliate acknowledges that this Agreement constitutes a legally binding contract with Oasis Land Development Ltd.

2.2 The Affiliate agrees that participation in the Program is contingent upon compliance with this Agreement, all applicable laws and regulations, and any supplemental terms issued by Oasis, including but not limited to:

Payment Timeline Terms and Conditions: Covering payment timelines, Anti-Money Laundering (AML) requirements, and payout mechanisms.

Cayman Islands Incentive Trip Terms and Conditions: Detailing eligibility, inclusions, and requirements for participation in the reward trip.

Affiliate Disclosure Terms and Conditions: Addressing global advertising standards, disclosure compliance, and proper identification of affiliate relationships.

Anti-Spam and Marketing Compliance: Prohibiting the use of spam or unsolicited messaging in promoting Oasis and ensuring compliance with global advertising laws, including but not limited to GDPR, CAN-SPAM, and other jurisdictional regulations.

2.3 By accepting this Agreement, the Affiliate confirms they have read, understood, and accepted all terms without modification, including the supplemental terms referenced herein.

2.4 By registering for the Program, the Affiliate explicitly agrees to and accepts all terms and conditions outlined in this Agreement and supplemental terms, including anti-spam and marketing guidelines, as well as any future amendments, without the need for further confirmation.

2.5 The Affiliate acknowledges that the Company reserves the right to amend this Agreement or any referenced supplemental terms in accordance with Section 5 (Amendments).

3. Provision of Affiliate Services

3.1 The Affiliate agrees to promote Oasis’s land offerings and services to prospective clients, using approved marketing materials and referral links provided by Oasis.

3.2 Permissible activities include:

Sharing unique referral links generated through the Affiliate Dashboard.

Promoting Oasis’s land, payment plans, and investment opportunities via approved channels.

Providing accurate information about Oasis’s offerings, as outlined in marketing materials.

3.3 The Affiliate is prohibited from:

Representing themselves as an agent, employee, partner, or official representative of Oasis.

Binding Oasis to any contracts, agreements, or guarantees.

Making false or misleading claims about Oasis’s offerings or the Cayman Islands market.

4. Commencement and Duration

4.1 This Agreement becomes effective upon approval of the Affiliate’s application and will remain in effect until terminated by either party in accordance with Section 14.

5. Amendments

5.1 Oasis reserves the right to amend this Agreement, including any supplemental terms, at its sole discretion.

5.2 Affiliates will be notified of amendments via email or through the Affiliate Dashboard at least five (5) business days before amendments take effect.

5.3 Continued participation in the Program after amendments take effect constitutes acceptance of the revised Agreement.

 

 

6. Scope of the Agreement

6.1 This Agreement, together with referenced supplemental terms, supersedes all prior agreements, communications, and understandings between the parties.

6.2 In the event of a conflict between this Agreement and supplemental terms, this Agreement shall prevail unless explicitly stated otherwise.

7. Definitions and Interpretation of Terms

(Include definitions for key terms such as “Affiliate,” “Referral,” “Tracking Link,” “Fraudulent Activity,” “Sub-Affiliate,” “Marketing Materials,” and more. For brevity, definitions can be provided upon request.)

8. Application and Registration Data

8.1 To participate in the Program, Affiliates must complete the official registration process and provide:

Proof of Identity (e.g., passport, driver’s license).

Proof of Address (e.g., utility bill or bank statement).

8.2 Affiliates must update their information promptly in the event of changes, including banking details, legal status, or contact information.

8.3 Oasis reserves the right to reject applications or request additional documentation at its sole discretion.

 

9. Affiliate’s Representations and Warranties

 

The Affiliate represents and warrants that:

9.1 They will comply with all applicable laws, regulations, and supplemental terms, including anti-spam and disclosure requirements.

9.2 They will use only Oasis-approved marketing materials and refrain from altering them without prior consent.

9.3 They will not engage in fraudulent activities, including generating fake referrals or misleading potential clients.

10. Affiliate’s Rights and Obligations

10.1 Rights:

Affiliates are entitled to earn commissions on successful referrals, as outlined in Section 13 (Reports and Payments).

10.2 Obligations:

Affiliates must disclose their affiliate relationship in all promotions as required by global advertising laws, including the FTC and GDPR.

Affiliates must adhere to Oasis’s branding guidelines when using marketing materials.

 

 

10.3 Prohibited Activities:

Spamming, misrepresentation, or unauthorised use of Oasis’s branding.

Referring clients from prohibited jurisdictions.

10.4 Incentive Rewards: Participation in reward programs, including the Cayman Islands Incentive Trip, is subject to the eligibility criteria and terms outlined in the Cayman Islands Incentive Trip Terms and Conditions.

11. Sub-Affiliates

11.1 Affiliates may recruit sub-affiliates with prior written approval from Oasis.

11.2 The recruiting Affiliate is responsible for ensuring that their sub-affiliates comply with all terms of this Agreement.

11.3 Commission payments for sub-affiliates will be determined according to the recruiting Affiliate’s payment plan.

12. The Company’s Rights and Obligations

12.1 Oasis reserves the right to monitor Affiliate activities for compliance and to suspend or terminate accounts for violations of this Agreement.

12.2 Oasis will provide Affiliates with access to marketing materials, tracking tools, and performance reports.

 

12.3 Oasis may refuse service to any referred client or cancel commissions if a breach of this Agreement occurs.

13. Reports and Payments

13.1 Commissions are paid within seven (7) working days of the successful exchange of the purchase agreement in the Cayman Islands, which typically takes fourteen (14) days but may vary.

13.2 Payments are governed by the Payment Timeline Terms and Conditions, which form part of this Agreement.

13.3 Affiliates are responsible for completing annual AML checks to remain eligible for payments.

14. Termination

14.1 Either party may terminate this Agreement with five (5) business days’ notice.

14.2 Oasis may terminate immediately for breaches, including fraudulent activity, failure to comply with supplemental terms, or misuse of marketing materials.

15. Survival Clause

Sections related to confidentiality, intellectual property, and liabilities shall survive the termination of this Agreement.

 

 

16. Liability

16.1 Oasis is not liable for indirect or consequential damages arising from participation in the Program.

16.2 Affiliates must indemnify Oasis against any claims resulting from their marketing activities.

17. Communication

All communications will be conducted via email or through the Affiliate Dashboard.

18. Relationship of the Parties

The Affiliate is an independent contractor and not an employee, agent, or representative of Oasis.

19. Non-Exclusivity

The Program is non-exclusive, and Oasis reserves the right to work with other Affiliates, including competitors.

20. Confidentiality

Affiliates must keep all proprietary information provided by Oasis confidential, even after termination of this Agreement.

 

 

 

21. Intellectual Property, Branding, and Proprietary Rights

21.1 All marketing materials, logos, and trademarks provided by Oasis remain its exclusive property.

21.2 Unauthorised use, alteration, or distribution of these materials is strictly prohibited.

22. Assignment

Affiliates may not assign or transfer their rights under this Agreement without prior written consent from Oasis.

23. Governing Law and Jurisdiction

This Agreement is governed by the laws of the Cayman Islands, and disputes will be resolved in its courts.

24. Severability

If any provision is deemed unenforceable, the remaining provisions will remain in effect.

25. Entire Agreement

25.1 This Agreement, along with supplemental terms, constitutes the entire understanding between Oasis and the Affiliate.

 

 

 

25.2 Supplemental terms include:

Payment Timeline Terms and Conditions

Cayman Islands Incentive Trip Terms and Conditions

Affiliate Disclosure Terms and Conditions

Schedule 1: Supplemental Terms and Conditions

This Schedule references the supplemental terms and conditions that are incorporated into the Agreement by reference. Affiliates are required to adhere to these terms to maintain compliance with the Oasis Affiliate Program.

1. Payment Timeline Terms and Conditions

1.1 Payments will be made within seven (7) working days of the successful exchange of the purchase agreement in the Cayman Islands.

1.2 Affiliates are required to update their Anti-Money Laundering (AML) documentation annually. Failure to do so may result in withheld payments until compliance is restored.

1.3 Affiliates must ensure their payment details, including banking information, are accurate and updated. Oasis is not responsible for delays caused by incorrect or outdated information.

1.4 Payment disputes must be reported within thirty (30) days of the expected payment date. Disputes reported after this period will not be considered.

 

 


2. Cayman Islands Incentive Trip Terms and Conditions

2.1 Eligibility:

  • Affiliates must generate $1.5 million USD in completed sales (Agreements exchanged) during the qualification period of June 1st to May 31st each year.
  • Only completed sales with legally exchanged Agreements are eligible. Pending, cancelled, or incomplete transactions will not count.

2.2 Trip Details:

  • The trip takes place annually between August and November, with dates communicated to eligible Affiliates by June 30th.
  • Inclusions:
    • Round-trip economy class airfare.
    • Accommodation for two nights at a luxury hotel.
    • Scheduled meals and activities as outlined in the trip itinerary.

2.3 Non-Transferability:

  • The trip is non-transferable, cannot be sold, and has no cash value.
  • The trip is awarded for one individual. Affiliates may bring additional guests at their own expense.

 

 

2.4 Conduct:

  • Affiliates must participate in scheduled activities, including property tours and networking events. Misconduct may result in immediate removal from the trip and disqualification from the Program.

2.5 Media Use:

  • By attending the trip, Affiliates consent to being photographed or filmed for Oasis’s promotional purposes. Content may be used across social media, websites, and marketing campaigns.

3. Affiliate Disclosure Terms and Conditions

3.1 Affiliates must disclose their relationship with Oasis in all promotions, in compliance with advertising regulations (e.g., FTC, GDPR).

3.2 Acceptable disclosures include:

  • “This is a paid referral link.”
  • “I may earn a commission if you make a purchase through this link.”

3.3 Affiliates are prohibited from:

  • Misleading potential buyers about the nature of their relationship with Oasis.
  • Suggesting they are employees, agents, or representatives of Oasis.

3.4 Non-compliance with disclosure requirements may result in termination from the Program.


Schedule 2: Marketing Guidelines

To maintain consistency and professionalism, all Affiliates must comply with the following marketing guidelines:

1. Approved Marketing Materials

1.1 Affiliates must use only marketing materials provided or pre-approved by Oasis, including logos, images, banners, and promotional text.

1.2 Alteration of Oasis’s branding, trademarks, or intellectual property is strictly prohibited.


2. Prohibited Marketing Practices

2.1 Affiliates must not engage in:

  • Spam or unsolicited messaging.
  • Misrepresentation of Oasis’s services, including false claims about pricing or incentives.
  • Use of unapproved marketing channels.

2.2 Affiliates must not register domain names, social media accounts, or online ads that incorporate Oasis’s branding without prior written consent.

 

 


3. Reporting Violations

3.1 Oasis reserves the right to review and request changes to any marketing activity.

3.2 Violations of the marketing guidelines may result in termination from the Program and forfeiture of unpaid commissions.


Appendices

Appendix 1: Definitions

  • Affiliate: An independent contractor approved to participate in the Program.
  • Client: A referred individual who purchases land through Oasis.
  • Tracker ID: A unique code assigned to each Affiliate for tracking referrals.
  • Fraudulent Activity: Any attempt to manipulate referral data or commission payouts.

Appendix 2: Prohibited Territories

  • Affiliates are prohibited from promoting Oasis’s services in countries or regions that are restricted by local regulations or Oasis policy. List will be provided as necessary.

Closing Statement

By registering for the Oasis Affiliate Program (Refer and Reward), you agree to the terms outlined in this Agreement, including supplemental schedules, appendices, and any future amendments. Oasis is committed to ensuring the success of its Affiliates while maintaining compliance with all applicable laws and ethical standards.

For any questions or further clarifications, please contact:
Email:
customercare@oasis-land.com