OFM Products and Services – Terms and Conditions

Only Flying Machines Electric Mobility Products Terms and Conditions:

  1. By purchasing an E-Mobo Electric Mobility Product (Electric Scooters, Electric Motorcycles) you are agreeing to be bound by the following terms and conditions:
  2. We build with quality components and test every electric scooter / electric mobility product in factory after the build.
  3. We test every electric mobility product once again before packaging and shipping to our forwarders who then ships internationally to buyer of the product.
  4. Above steps ensure we never ship a faulty product ever to any client.
  5. We ensure product is packaged safely for the international travel. Our Forwarders do not open the box or alter the package content or even look into the package ever.
  6. We have never shipped any faulty product or any product with a faulty part. we take extra care in testing each and every product and every part of it for perfect functioning before packing and shipping. So there is no way that we will ever ship a faulty product or a product with a faulty part.
  7. Once Product is shipped to our Forwarder, none of the payment either for product cost or shipping are refundable.
  8. Though our forwarders handle and ship products very carefully, but once the product is in shippers hands, we do not take any liability or responsibility for any damage to box or product during shipping.
  9. In rare cases If your product arrives with damaged box or damaged product due to shipping, please contact your shipper for resolution. we therefore suggest you buy product shipping insurance in advance.
  10. When you receive product we suggest you make a clear video of showing the box, unboxing the product, setting up the product and its first use. a clear video will be a good reference to resolve the issues should there be any.
  11. This has never happened, but in case if you believe your product is faulty or showing showing faults and or there is an issue, make clear videos and discuss with us. we will try to resolve the situation as per our rules and regulations and agreement with factory.
  12. In case you believe the product is faulty or any part is faulty, and it has been established after clear negotiations between seller and buyer that certain part is faulty, buyer needs to purchase the new parts and pay shipping costs for parts, and once parts arrive to buyer’s place they can replace the parts at their own. We do not take responsibility for the part to work after buyer replaces it himself or herself.
  13. In case buyer decides to ship the product back for us to fix it, all shipping charges from buyers place to our factory and after fixing the issue, from factory to buyer’s place will be paid by buyer only. any shipping damage during this process, we do not take any responsibilities. In this case buyer still have to pay parts costs and labor costs for replacing and fixing the parts.
  14. all customs charges and or any extra taxes and duties in buyers countries for electric mobility products, buyer has to pay. If product is held at buyer’s country customs, its buyer’s responsibility to get the product released by himself/herself. we do not help with buyer’s country customs.
  15. All the above terms and conditions are applicable right after a successful payment and purchase of the electric mobility products. OnlyFlyingMachines reserves the rights to change and modify these terms and conditions without any prior notice.

Only Flying Machines H1 GPS Autopilot FW450 3D RC Helicopter (RTF, BNF, H1 Autopilot)

  1. By purchasing H1 GPS Autopilot 3D RC Helicopter, RTF or BNF and H1 GPS Autopilot for RC helicopters you are agreeing to be bound by the following terms and conditions:
  2. 3D RC helicopters are a dangerous products and are to be used and flown with extra cautions taken. RC helicopter if operated without care can cause serious injuries and even fatalities given the seriousness of accident and crashes with living beings, people, animals.
  3. We do not take any responsibility nor offer any return, refund, replacement, nor offer any compensation if customer gets injured or anything has taken damages in whatsoever was the case. Once Customer operates the product, it is his/her responsibility totally to keep himself/herself safe and others as well and operate the product in safe manners away from people and properties. 
  4. For first time users, beginner pilots, we highly recommend you operate FW450 RC Helicopter at an open area away from people, animals and property. Seek professional help and supervision is best.
  5. For kids operating our 3D RC helicopter product must not ever attempt to operate without an adult and experienced RC Helicopter pilot ever. Once again we do not offer any compensation, refund, replacement or return should a user / operator gets injured or takes damage or product takes damage when operating the RC 3D Helicopter. 
  6. We highly recommend the Customers to go through all the user manuals, and instructional videos they can find and understand everything clearly about their RTF, BNF, H1 Autopilot 3D RC helicopter products operations and safety rules. Take extra precaution and take safety measures seriously. 
  7. FW450 RTF Helicopter with H1 autopilot: We build with quality components and flight test every RTF Helicopter product in factory. We pack after testing everything is in perfect working condition.
  8. FW450 BNF Helicopter with H1 autopilot: We build with quality components and install H1 autopilot.  User has to use his own radio and receiver gear to configure and setup H1 autopilot parameters correctly. This requires prior experience in setting up 3D RC helicopters. We do not take any responsibility nor we offer any refund, replacement or returns if customer is unable to setup and fly the BNF Helicopter properly or if Customer has caused any accident, or damage to product or product components during setup, and or caused injuries to himself/herself. 
  9. After shipping costs are paid by customer, We then ship to our forwarders who ships internationally to buyer of the product. We provide Tracking number once we get it.
  10. Above steps 100% ensure that we never ship a faulty product ever to any client.
  11. We ensure product is packaged safely for the international travel. Our Forwarders do not open the box or alter the package content or even look into the package ever.
  12. We never did nor ever have shipped any faulty product or any product with a faulty part. we take extra care in testing each and every product and every part of it for perfect functioning before packing and shipping. So there is no way that we will ever ship a faulty product or a product with a faulty part.
  13. Once Product is shipped to our Forwarder, none of the payment either for product cost or shipping are refundable. We will not accept any refund disputes once the product has left Factory and shipped to our forwarder (applies for RTF and BNF Version Helicopters only)
  14. Though our forwarders handle and ship products very carefully, but once the product is in shippers hands, we do not take any liability or responsibility for any damage to box or product during shipping.
  15. In rare cases If your product arrives with damaged box or damaged product due to shipping, please contact your local shipper office help line for resolution. we therefore suggest you buy product shipping insurance in advance.
  16. When you receive product we suggest you make a clear video of showing the box, unboxing the product, setting up the product and its first use. a clear video will be a good reference to resolve the issues should there be any. Without a clear video its difficult to judge and provide efficient support. we do our best to work together to resolve issues if there are any. 
  17. This has never happened, but in case if you believe your product is faulty or showing faults and or there is an issue, make clear videos and discuss with us. we will try to resolve the situation as per our rules and regulations and agreement with factory.
  18. In case you believe the product is faulty or any part is faulty, and it has been established after clear negotiations between seller and buyer that certain part is faulty, we can ship new part to customer, but customer has to pay all shipping costs for any parts sent forth and back.
  19. In such case (statement 18) customer will need to replace the part all by himself herself and make sure everything works correctly before attempting to fly RC Helicopter. We do not take responsibility in whatsoever case if customer was not able to replace and fix the product properly himself/herself. nor we offer any replacement or return, refund for part. Once again we highly recommend in such case, customers to make clear videos of how they are replacing the faulty parts so we can establish a clear understanding.
  20. In case buyer decides to ship the product back for us to fix it, all shipping charges from buyers place to our factory and after fixing the issue, from factory to buyer’s place will be paid by buyer only. any shipping damage during this process, we do not take any responsibilities. In this case buyer still have to pay parts costs and labor costs for replacing and fixing the parts.
  21. all customs charges and or any extra taxes and duties in buyers countries, buyer has to pay. If product is held at buyer’s country customs, its buyer’s responsibility to get the product released by himself/herself. we do not help with buyer’s country customs.
  22. All the above terms and conditions are applicable once a successful payment and purchase of FlyWing Products 3D RC helicopter with H1 GPS RTF, BNF and H1 Autopilot. OnlyFlyingMachines reserves the rights to change and modify these terms and conditions without any prior notice.

Only Flying Machines Z2 Bi-Rotor GPS Dual Copter RTF, BNF Versions Terms and Conditions

  1. By purchasing Z2 Bi-Rotor GPS Dual Copter, RTF or BNF you are agreeing to be bound by the following terms and conditions:
  2. Z2 Bi-Rotor GPS Dual Copter are not toys and are to be used and flown with extra cautions taken. if operated without care can cause serious injuries and even fatalities given the seriousness of accident and crashes with living beings, people, animals.
  3. We do not take any responsibility nor offer any return, refund, replacement, nor offer any compensation if customer gets injured or anything has taken damages in whatsoever was the case. Once Customer operates the product, it is his/her responsibility totally to keep himself/herself safe and others as well and operate the product in safe manners away from people and properties. 
  4. For first time users, beginner pilots, we highly recommend you operate Z2 Bi-Rotor GPS Dual Copterat an open area away from people, animals and property. Seek professional help and supervision is best.
  5. For kids operating our Z2 Bi-Rotor GPS Dual Copterproduct must not ever attempt to operate without an adult and experienced RC pilot supervision Once again we do not offer any compensation, refund, replacement or return should a user / operator gets injured or takes damage or product takes damage when operating the product
  6. We highly recommend the Customers to go through all the user manuals, and instructional videos they can find and understand everything clearly about their RTF, BNFZ2 Bi-Rotor GPS Dual Copter products operations and safety rules. Take extra precaution and take safety measures seriously. 
  7. Z2 Bi-Rotor GPS Dual Copter RTF:We build with quality components, assemble, tune and test every RTF version product in factory. We pack after testing everything is in perfect working condition.
  8. Z2 Bi-Rotor GPS Dual Copter BNF:We build with quality components, assembled and test components for PNP version before shipping. User has to use his own radio and receiver gear to configure and setup Z2 Bi-Rotor GPS Dual Copter This requires prior experience in setting up Radio controls with or without OpenTx Protocols, and setting up Drones, RC Aircraft with GPS Flight controllers. We can offer you online support to setup your Z2 Bi-Rotor GPS Dual Copter BNF version with your radios or you can find videos online on how to setup Z2 Bi-Rotor GPS Dual Copter BNF Version properly with your radio control.
  9. We do not take any responsibility nor we offer any refund, replacement or returns if customer is unable to setup and fly the BNF Version properly or if Customer has caused any accident, or damage to product or product components during setup, and or caused injuries to himself/herself. 
  10. After shipping costs are paid by customer, We then ship to our forwarders who ships internationally to buyer of the product. We provide Tracking number once we get it.
  11. Above steps 100% ensure that we never ship a faulty product ever to any client.We ensure product is packaged safely for the international travel. Our Forwarders do not open the box or alter the package content or even look into the package ever.
  12. We never did nor ever have shipped any faulty product or any product with a faulty part. we take extra care in testing each and every product and every part of it for perfect functioning before packing and shipping. So there is no way that we will ever ship a faulty product or a product with a faulty part.
  13. Once Product is shipped to our Forwarder, none of the payment either for product cost or shipping are refundable. We will not accept any refund disputes once the product has left Factory and shipped to our forwarder (applies for RTF and BNF Versions)
  14. Though our forwarders handle and ship products very carefully, but once the product is in shippers hands, we do not take any liability or responsibility for any damage to box or product during shipping.
  15. In rare cases If your product arrives with damaged box or damaged product due to shipping, please contact your local shipper office help line for resolution. we therefore suggest you buy product shipping insurance in advance.We do not offer any compensation whatsoever for shipping damage nor we offer any refund, return or replacement for shipping damage.
  16. When you receive product we suggest you make a clear video of showing the box, unboxing the product, setting up the product and its first use. a clear video will be a good reference to resolve the issues should there be any. Without a clear video its difficult to judge and provide efficient support. we do our best to work together to resolve issues if there are any. 
  17. This has never happened, but in case if you believe your product is faulty or showing faults and or there is an issue, make clear videos and discuss with us. we will try to resolve the situation as per our rules and regulations and agreement with factory.
  18. In case you believe the product is faulty or any part is faulty, and it has been established after clear negotiations between seller and buyer that certain part is faulty, we can ship new part to customer, but customer has to pay all shipping costs for any parts sent forth and back.
  19. In such case (statement 18) customer will need to replace the part all by himself herself and make sure everything works correctly before attempting to fly Z2 Bi-Rotor GPS Dual Copter. We do not take responsibility in whatsoever case if customer was not able to replace and fix the product properly himself/herself. nor we offer any replacement or return, refund for part. Once again we highly recommend in such case, customers to make clear videos of how they are replacing the faulty parts so we can establish a clear understanding.
  20. In case buyer decides to ship the product back for us to fix it, all shipping charges from buyers place to our factory and after fixing the issue, from factory to buyer’s place will be paid by buyer only. any shipping damage during this process, we do not take any responsibilitiesnor we offer any replacement, refund or returns for any type of shipping damage. In this case buyer still have to pay parts costs and labor costs for replacing and fixing the parts.
  21. all customs charges and or any extra taxes and duties in buyers countries, buyer has to pay. If product is held at buyer’s country customs, its buyer’s responsibility to get the product released by himself/herself. we do not help with buyer’s country customs.
  22. All the above terms and conditions are applicable once a successful payment and purchase of Z2 Bi-Rotor GPS Dual Copter RTF, BNF. OnlyFlyingMachines reserves the rights to change and modify these terms and conditions without any prior notice.

Only Flying Machines – E-Glide V2 V3 Electric Paramotors

By Ordering and purchasing The E-Glide V2 V3 Electric Paramotor Complete Custom Build and or Kit version,  you are agreeing to be bound by the following terms and conditions:

  1. Paragliding and Paramotor are extreme sports and human flight which requires prior professional flight training and experience in Paramotor and Paraglider flight. Accidents in such sports can be fatal and all Pilots should be well trained and well informed. 
  2. Electric Paramotor is not a toy, nor it is a radio controlled aircraft or machine for fun. Electric Paramotor Kit, and or Custom Built Electric Paramotor for Customers, upon ordering and purchase are highly professional, extremely powerful,  Electric Powered Paramotors for Human Flight. These machines are for professionals only and to be used strictly at their own risks. 
  3. Electric Paramotor Both Kit and Custom build Ready to fly versions require users to be fully trained by professionals in Paramotor and Paragliding fields. It also requires some experience in Paragliding, Paramotoring, handling of Paragliders, both Parasailing and Paramotor Paragliding Canopies, and experience in Paramotor and Paragliding Flights. 
  4. Our electric paramotors use high voltage batteries and high voltage speed controllers that must be handled with care and prior experience in Handling, charging, connecting and using high powered high voltage batteries and controllers is extremely necessary. Soldering and or making custom connectors experience is a must. if customers do not have any experience in this area, we suggest they seek professional help before using high powered batteries with our Electric Paramotors. 
  5. We are not responsible for any injuries, and or fatalities (death) of users / customers in any case whatsoever, Customers who buy kits and built E-Glide V2 V3 Electric Paramotor or Buy Custom built Ready to fly version of Electric Paramotor E-Glide V2 V3 and fly using our Electric Paramotors and their Paragliding canopies.
  6. We are not responsible if customer are unable to properly use, handle our Electric Paramotor kit, Properly build it or not, or properly use and handle complete custom builds, if the customers cause any accident, injuries and or Fatalities to others, damages to property and or living beings or themselves
  7. E-Glide V2 V3 kits and Complete Custom builds, we use quality components, high voltage Speed controllers, and high powered Motor that can put out 65 kilograms of thrust. These are not toys, nor any parts that are to be handled by someone who has no experience. Once again we clearly inform the buyers here in these terms and conditions that these components are to be handled by experienced persons, Experienced and fully Trained paragliding and paramotor pilots.
  8. E-Glide V2 V3 electric paramotors use high voltage up to 90 volts, and High voltage batteries that are required to combine / connect in series. This also requires prior experience in handling, Charging, and using Lithium Polymer batteries that are highly flammable. Any misuse or mistake in connecting batteries in series and or connecting to Electric Paramotor high voltage Speed Controller can cause serious damage, big fire and explosion. Serious Fire and or Fatalities can occur if such high powered batteries explode or catch fire. we are not responsible In any such cases whatsoever, if customer causes damage, Fire or explosion, Injuries or fatalities to themselves, their property, others and or others properties, or living beings around, due to wrong handling or personal mistakes when connecting, Charging and using batteries, with our electric paramotors, nor we are to be blamed for. 
  9. For both Kits and Custom build, we test The Motors, Speed Controllers and other electronic components at our premises on the ground only to make sure everything is in perfect working conditions. and Supply Video proof to our clients. We do not offer any Flight testing of custom build videos in any case.
  10. Should customer feel there is an issue with Electrical equipment, or components, we suggest that customers make clear videos from day one on each step from unboxing to assembly, and getting paramotor ready for flight, once they receiver their kits and or Custom built Complete Paramotor. These videos are for factory reference and we will follow only factory provide warranties and policies in any.
  11. Upon purchase and payment, of E-Glide V2 V3, we do not offer any refund or returns in any case whatsoever. and Once kits and custom built version are shipped, we will not offer any return or refunds.
  12. We do not take any responsibility nor we offer any compensations, returns or refunds in any case whatsoever, if customer damages the components on ground or during use. 
  13. We do not offer any refund and returns nor any compensations if Customer damages the components due to poor handling and or mistakes and or being inexperienced in this field. 
  14. We pack and ship every kit component and custom builds with proper care in custom built wooden boxes (For complete builds) and proper safe packing for kits. We strictly advise our forwarders to take good care of boxes and also advise shippers to handle with care.
  15. We do not take any responsibility for shipping damages in any case whatsoever nor we will offer any return, refund or compensations. If there is any shipping damage to components, or frames and or Custom build paramotors, please contact the shipper local office and follow their rules for compensations. We advise clients to buy Shipping insurance in advance. 
  16. In case if this has been established by mutual emails and correspondence, that a component was faulty, and if the component is in warranty, Customers need to send the component back to us. we will follow factory policies for repair, and or replacement. In such cases all shipping costs for sending a component back to us, any other costs for replacements and repairs of components, all must be paid by customer. we do not offer any free repairs and or free replacement unless it has been clearly established by factory by mutual correspondence and proper Proof.
  17. Should a Customer damages the components due to poor handling, or their own mistakes or accidents of any nature, we can offer repair and replacement but customers have to pay for all the shipping costs of components or complete system forth and back, component replacement complete costs, complete repair costs, and or any other costs involved in such case. all to be paid by customers.
  18. Electric Paramotor Frame, Harness, CNC Components, Battery box if any, Custom 3D designed and printed Boxes, Plastic parts, Electronic components, Wireless Radio Controller, wireless receiver, HV UBEC, custom connectors are not in any kind of warranty nor our suppliers offer any warranty for those. and so we do not offer any warranties to these components. any damage, shipping damage, or customer causes damage to above mentioned components and or normal wear and tear, customer has to order again if they need.
  19. Motor and Speed controller, batteries and chargers if purchased from us, all warranties must be followed according to respective Factory policies and in every case components must be sent back to Factory for inspection before they can conclude a decision. In any such cases, once again we will follow term no. 16. and we will strictly follow factory rules and policies.
  20. For Custom Builds, once client had made payment and if Client changes the mind to cancel the order after we have arranged all the parts for custom builds, we will not offer any returns or Refund to clients. There maybe a partial refund after compensating components costs, but that must be established after mutual correspondence and agreement between buyer and onlyflyingmachines. after shipment of kits or Complete build, we do not offer any refund, return or compensations.
  21. Once again E-Glide V3 is built by experienced professional and properly trained Paragliding Paramotor Pilot, highly experienced heavy payload drone builder (over 12 years of experience) in this field. We offer quality build, and components. E-Glide V3 the most powerful, affordable and light electric paramotor in Electric powered field. Its not a toy, this machine is built for Electric Powered Human flights. and we hope our professional trained customers will enjoy flying with E-Glide V2, V3 kits and Complete custom builds. Happy and Safe Flights.

Only Flying Machines Affiliate Program Terms of Service

Agreement

By signing up to be an Affiliate in the Only Flying Machines Affiliate Program (“Program”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

Only Flying Machines reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Program, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Program after any such changes shall constitute your consent to such changes.

Violation of any of the terms below will result in the termination of your Account and for forfeiture of any outstanding affiliate commission payments earned during the violation. You agree to use the Affiliate Program at your own risk.

Account Terms

  • You must be 18 years or older to be part of this Program.
  • You must live in the United States to be an Affiliate.
  • You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
  • You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  • Your login may only be used by one person – a single login shared by multiple people is not permitted.
  • You are responsible for maintaining the security of your account and password. Only Flying Machines cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  • You are responsible for all Content posted and activity that occurs under your account.
  • One person or legal entity may not maintain more than one account.
  • You may not use the Affiliate Program for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
  • You may not use the Affiliate Program to earn money on your own Only Flying Machines product accounts.

Links/graphics on your site, in your emails, or other communications

Once you have signed up for the Affiliate Program, you will be assigned a unique Affiliate Code. You are permitted to place links, banners, or other graphics we provide with your Affiliate Code on your site, in your emails, or in other communications. We will provide you with guidelines, link styles, and graphical artwork to use in linking to Only Flying Machines. We may change the design of the artwork at any time without notice, but we won’t change the dimensions of the images without proper notice.

To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special link formats to be used in all links between your site and the Only Flying Machines. You must ensure that each of the links between your site and the Only Flying Machines properly utilizes such special link formats. Links to the Only Flying Machines placed on your site pursuant to this Agreement and which properly utilize such special link formats are referred to as “Special Links.” You will earn referral fees only with respect to sales on a Only Flying Machines product occurring directly through Special Links; we will not be liable to you with respect to any failure by you or someone you refer to use Special Links or incorrectly type your Affiliate Code, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement.

Affiliate links should point to the page of the product being promoted.

Referral fees/commissions and payment

For a Product sale to be eligible to earn a referral fee, the customer must click-through a Special Link from your site, email, or other communications to http://onlyflyingmachines.com and complete an order for a product during that session.

We will only pay commissions on links that are automatically tracked and reported by our systems. We will not pay commissions if someone says they purchased or someone says they entered a referral code if it was not tracked by our system. We can only pay commissions on business generated through properly formatted special links that were automatically tracked by our systems.

We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.

Payments only begin once you’ve earned more than $20 in affiliate income. If your affiliate account never crosses the $20 threshold, your commissions will not be realized or paid. We are only responsible for paying accounts that have crossed the $20 threshold.

Identifying yourself as a Only Flying Machines Affiliate

You may not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, say you develop our products, say you are part of Only Flying Machines or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause).

You may not purchase products through your affiliate links for your own use. Such purchases may result (in our sole discretion) in the withholding of referral fees and/or the termination of this Agreement.

Payment schedule

As long as your current affiliate earning are over $20, you’ll be paid each month. If you haven’t earned $20 since your last payment, we’ll pay you the following monht after you’ve crossed the threshold.

Customer definition

Customers who buy products through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that you have listed on your site, you should not display product prices on your site. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.

Your responsibilities

You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:

– The technical operation of your site and all related equipment
– Ensuring the display of Special Links on your site does not violate any agreement between you and any third party (including without limitation any restrictions or requirements placed on you by a third party that hosts your site)
– The accuracy, truth, and appropriateness of materials posted on your site (including, among other things, all Product-related materials and any information you include within or associate with Special Links)
– Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
– Ensuring that materials posted on your site are not libelous or otherwise illegal
– Ensuring that your site accurately and adequately discloses, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors’ browsers.

Compliance with Laws

As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.

Term of the Agreement and Program

The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to http://onlyflyingmachines.com, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. Only Flying Machines reserves the right to end the Program at any time. Upon program termination, Only Flying Machines will pay any outstanding earnings accrued above $20.

Termination

Only Flying Machines, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other Only Flying Machines service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. Only Flying Machines reserves the right to refuse service to anyone for any reason at any time.

Relationship of Parties

You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.

Limitations of Liability

We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.

Disclaimers

We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the Only Flying Machines will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

Independent Investigation

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

Arbitration

Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Miscellaneous

This Agreement will be governed by the laws of The United States and China, without reference to rules governing choice of laws. 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 be 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.

The failure of Only Flying Machines to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Only Flying Machines and govern your use of the Service, superceding any prior agreements between you and Only Flying Machines (including, but not limited to, any prior versions of the Terms of Service).