Effective Date: October 31st, 2024
These Affiliate Terms and Conditions (the “Agreement”) constitute a legally binding contract between you (referred to as “Affiliate” or “you”) and Omino Web Design & Associated Companies & Entities (referred to as the “Company,” “we,” “us,” or “our”). This Agreement governs your participation in our Affiliate Program (the “Program”). By applying to or participating in the Program, you agree to comply with and be bound by these terms. If you do not agree, please refrain from participating in the Program.
1.1. Eligibility: To participate in the Program, you must be at least 18 years old and fully able and competent to enter into this Agreement. Affiliates must have an active, public website, social media platform, or another digital channel suitable for promoting our products and services.
1.2. Application Approval: Upon submission, your application will be reviewed within [2-3 business days]. We reserve the right to accept or reject any application at our sole discretion, including but not limited to those that are unsuitable for the Program. This may include websites promoting illegal, offensive, or adult content.
2.1. Accurate Representation: Affiliates agree to accurately represent our products and services. Misleading, exaggerated, or false statements regarding our offerings are strictly prohibited.
2.2. Approved Marketing Materials: Affiliates may use only the marketing materials and promotional content provided by us or those that have received our explicit written approval. Unauthorized use of our branding, images, or copy is not allowed.
2.3. Compliance with Laws: Affiliates agree to comply with all applicable laws and regulations, including but not limited to CAN-SPAM Act for email marketing and FTC guidelines for disclosure of affiliate relationships.
2.4. Prohibited Activities: Affiliates must not engage in any of the following:
3.1. Commission Rate: Affiliates earn a commission rate of [10-25] % per eligible sale generated through their unique affiliate link. Commission rates are subject to change, and any changes will be communicated to Affiliates in advance.
3.2. Tracking and Attribution: Our Program uses cookies to track referrals, with a cookie duration of [30 days]. Affiliates are credited for referrals who make purchases within this time frame after clicking their unique link.
3.3. Payout Schedule: Commissions are paid monthly, on the 15th of each month, for eligible sales made during the previous calendar month. Sales must be finalized and remain unrefunded for at least 30 days before they qualify for commission payment. For example, if a sale is made on March 15th, it will become eligible for commission payment by April 15th and will be paid out on May 15th.
Affiliates must meet a minimum payout threshold of $50 to receive payment. If this threshold is not met, earnings will carry over to the next month until the minimum amount is reached.
3.4. Refunds and Chargebacks: In cases where a referred customer requests a refund, files a chargeback, or cancels their purchase, the commission related to that sale will be reversed or adjusted.
4.1. License to Use Content: We grant Affiliates a limited, non-exclusive, revocable license to use our approved marketing materials solely for the purpose of participating in the Program.
4.2. Restrictions: Affiliates may not modify or alter our materials or use them in any manner that is misleading, disparaging, or otherwise damaging to our brand.
4.3. Ownership: All rights, title, and interest in our content and trademarks remain with Omino Web Design. Affiliates acquire no ownership rights under this Agreement.
5.1. Independent Contractor Status: Affiliates are independent contractors and not employees, agents, or representatives of Omino Web Design. Nothing in this Agreement shall create any partnership, joint venture, agency, or employment relationship.
6.1. Termination by Affiliate: Affiliates may terminate their participation in the Program at any time by providing written notice to us.
6.2. Termination by Company: We reserve the right to terminate an Affiliate’s account for any violation of this Agreement or for any reason at our sole discretion. In cases of termination, any outstanding commissions will be paid according to the usual payout schedule, provided that the Affiliate has not engaged in fraudulent or prohibited activities.
6.3. Effect of Termination: Upon termination, Affiliates must cease all promotion of our products and services, remove our branding, and discontinue use of any materials associated with our Program.
7.1. Confidential Information: Affiliates agree to keep confidential any non-public information disclosed during their participation in the Program, including but not limited to business plans, marketing strategies, and pricing information.
7.2. Non-Disclosure: Affiliates shall not disclose any Confidential Information to any third party, except as required by law.
8.1. No Warranty: We make no express or implied warranties or representations with respect to the Program, or any products or services sold through the Program.
8.2. Limitation of Liability: We shall not be liable for any indirect, special, incidental, or consequential damages arising out of or related to this Agreement, the Program, or Affiliate’s participation in the Program, even if we have been advised of the possibility of such damages.
9.1. Governing Law: This Agreement shall be governed by the laws of The State Of Florida.
9.2. Dispute Resolution: Any disputes arising out of or related to this Agreement shall be resolved through [arbitration/mediation/court in The State of Florida].
Acknowledgment and Acceptance of Terms
By participating in the Program, you acknowledge that you have read, understood, and agree to be bound by these Affiliate Terms and Conditions.