Affiliate Terms of Service

1. Program Participation

1.1 Affiliate Program

The OhMySaaS Affiliate Program allows approved affiliates to earn commission ("Affiliate Fees") for qualifying sales generated through their referral links, websites, social media pages, blogs, email lists, or other media channels (each, an "Affiliate Medium").

1.2 Application & Approval

• Affiliate may apply through the OhMySaaS affiliate dashboard.
• OhMySaaS may at its sole discretion approve, deny, suspend, or terminate an Affiliate's participation at any time.
• If approved, Affiliate may use referral links and promotional materials in accordance with this Agreement.

1.3 License to Affiliate

Subject to this Agreement, OhMySaaS grants Affiliate a revocable, non-transferable, royalty-free license to use OhMySaaS referral links, banners, and creative materials solely for the purpose of promoting OhMySaaS deals. This license is automatically revoked upon termination of this Agreement.

2. Requirements & Restrictions

Affiliate shall:

• Comply with all applicable laws, including the FTC Endorsement Guidelines — clearly disclosing the affiliate relationship when promoting OhMySaaS.
• Comply with the CAN-SPAM Act and all email marketing regulations when promoting via email.
• Only use Affiliate Mediums that have been approved by OhMySaaS.
• Not misrepresent OhMySaaS, its products, pricing, or deal availability.

Affiliate shall not:

• Bid on OhMySaaS brand terms in paid search (e.g., Google Ads, Bing Ads) without written permission.
• Use cookie stuffing, ad injection, or any deceptive tracking techniques.
• Promote coupon codes not assigned to them by OhMySaaS.
• Use the following types of Affiliate Medium: (a) lifetime deal aggregators (unless approved); (b) coupon aggregators; or (c) buy/sell facilitators.
• Create false urgency, fake reviews, or misleading claims about OhMySaaS deals.
• Send unsolicited communications (spam) promoting OhMySaaS.
• Self-refer or use multiple accounts to generate fraudulent commissions.

3. Affiliate Fees

3.1 Commission Rate

Affiliate Fees are calculated based on qualifying purchases (each a "Transaction") made through Affiliate's referral links. Commission rates are specified in the affiliate dashboard and may be modified by OhMySaaS at any time.

3.2 Tracking

• Transactions and Affiliate Fees are tracked via OhMySaaS's tracking system.
• Program data compiled by OhMySaaS, including Transactions and associated Affiliate Fees, shall be final and binding.
• Any questions regarding tracking data must be submitted in writing within 14 days; otherwise the data is deemed accurate and accepted.

3.3 Payment

• Affiliate Fees are paid monthly, in US Dollars (USD).
• A minimum payout threshold of $100.00 applies. Balances below this threshold carry over.
• Upon termination, all earned Fees (even below threshold) will be paid in the next billing cycle.
• OhMySaaS has no obligation to pay Fees for Transactions where payment has not been finalized or cleared.

3.4 Chargebacks & Refunds

A Transaction may be reversed ("Chargeback") if: (a) the Customer requests a refund; (b) the Transaction is fraudulent or non-bona-fide; (c) the purchase is incomplete; or (d) there is a failure by Affiliate to comply with this Agreement. The default Chargeback period is 60 days. Affiliate Fees associated with reversed Transactions will be deducted from future payouts.

4. Confidentiality

Affiliate may receive early access to deal information, pricing, and other non-public information ("Confidential Information"). Affiliate shall not disclose Confidential Information to any third party before the official public launch of the deal. Violation of this provision may result in immediate termination and forfeiture of all pending Affiliate Fees.

5. Term & Termination

• This Agreement is effective upon acceptance into the Affiliate Program and continues until terminated.
• Either party may terminate this Agreement at any time for any reason with 7 days' written notice.
• OhMySaaS may immediately terminate this Agreement without notice for fraud, violation of this Agreement, or suspected abuse.
• Upon termination: (a) Affiliate's referral links will be deactivated; (b) all licenses to use OhMySaaS materials are revoked; (c) earned Fees will be settled in the next billing cycle, subject to Chargebacks.
• If OhMySaaS suspects fraudulent Fees, payment may be delayed until the review is complete.

6. Warranties & Disclaimers

• Affiliate represents and warrants that Affiliate Mediums comply with all applicable laws and do not contain defamatory, obscene, or infringing content.
• Affiliate represents that all traffic generated is from legitimate, non-fraudulent sources.

THE AFFILIATE PROGRAM IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. OHMYSAAS DOES NOT GUARANTEE ANY LEVEL OF EARNINGS OR THAT THE PROGRAM WILL BE AVAILABLE AT ALL TIMES. OHMYSAAS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM THE AFFILIATE PROGRAM.

7. Indemnification

Affiliate shall indemnify and hold harmless OhMySaaS and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including attorneys' fees) arising from: (i) Affiliate's breach of this Agreement; (ii) Affiliate's marketing activities; (iii) Affiliate's violation of any law; or (iv) content posted on Affiliate Mediums.

8. Non-Solicitation of Partners

During the term of this Agreement and for 12 months following termination, Affiliate shall not directly or indirectly solicit, recruit, or encourage any OhMySaaS partner to list their products on a competing marketplace, or to terminate or reduce their partnership with OhMySaaS.

9. Disputes & Governing Law

This Agreement is governed by the laws of the State of Delaware, United States of America. Any disputes shall be resolved through binding arbitration before a single arbitrator in Dover, Delaware, following the rules of the American Arbitration Association (AAA). Both parties waive the right to participate in class actions, class arbitrations, or representative actions.

10. General Provisions

• Entire Agreement: This Agreement, together with the OhMySaaS Terms of Service and Privacy Policy, constitutes the entire agreement regarding the Affiliate Program.
• Assignment: Affiliate may not assign this Agreement without OhMySaaS's prior written consent.
• Relationship: Affiliate is an independent contractor, not an employee, agent, or joint venture partner of OhMySaaS.
• Severability: If any provision is deemed unenforceable, the remaining provisions continue in full force.
• Electronic Signatures: Electronic acceptance of this Agreement constitutes a legally binding signature.
• Modification: OhMySaaS reserves the right to modify this Agreement with 14 days' notice. Continued participation constitutes acceptance.
• Support: For affiliate-related questions, contact affiliates@ohmysaas.com.

Contact

For questions about the Affiliate Program: