Terms of Service

3.1 Account Registration

To use certain features of the Service, you must register for an account. When registering, you agree to:

• Provide accurate, current, and complete registration information
• Maintain and promptly update your account information to keep it accurate and complete
• Be at least 18 years old or the age of legal majority in your jurisdiction
• Have the legal authority to enter into these Terms

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breach
• Ensuring that you log out of your account at the end of each session

We are not liable for any loss or damage arising from your failure to protect your account credentials.

3.3 Account Termination

You may terminate your account at any time by contacting us or using the account deletion feature in settings. We reserve the right to suspend or terminate your account if we reasonably believe you have violated these Terms. Upon termination, your right to use the Service will immediately cease.

4.1 Program Management

• Accurately configure commission rules, payout thresholds, and clawback periods
• Clearly communicate program terms and conditions to affiliates
• Maintain accurate records of conversions, refunds, and chargebacks
• Provide affiliates with necessary promotional materials and guidelines

4.2 Payment Obligations

• Process affiliate payouts in a timely manner according to your program terms
• Maintain sufficient funds to cover pending commissions
• In SaaS mode, maintain a valid Stripe Connect connection
• Handle refunds and chargebacks fairly, applying clawbacks only as specified in your program terms

4.3 Legal Compliance

• Comply with all applicable laws and regulations regarding affiliate marketing, advertising, and consumer protection
• Ensure your products or services comply with applicable laws
• Provide required tax documentation (1099s, etc.) to affiliates as required by law
• Not use the Service to promote illegal products, services, or activities

4.4 Dispute Resolution

You agree to handle disputes with affiliates in good faith. While Komissio may provide mediation assistance, we are not responsible for resolving disputes between merchants and affiliates regarding commissions, conversions, or program terms.

5.1 Ethical Promotion

• Promote merchant products and services honestly and accurately
• Not make false, misleading, or unsubstantiated claims
• Clearly disclose your affiliate relationship as required by the FTC and applicable laws
• Follow merchant guidelines and promotional restrictions

5.2 Prohibited Activities

You shall not:

• Engage in click fraud, cookie stuffing, or artificial inflation of conversions
• Use spam, unsolicited communications, or deceptive practices to generate referrals
• Bid on merchant trademarks or brand terms in paid advertising without permission
• Create websites or content that impersonates or misrepresents the merchant
• Use incentivized traffic unless explicitly permitted by the merchant
• Self-refer or generate conversions through your own purchases unless permitted

5.3 Payout Information

• Provide accurate payout destination information (bank accounts, crypto wallets)
• Maintain current tax information as required
• Understand that commissions are subject to verification and clawback periods

5.4 Compliance

• Comply with all applicable laws, including advertising disclosure requirements
• Adhere to platform policies and merchant program terms
• Report any suspicious activity or potential fraud

6.1 Commission Calculation

Commissions are calculated based on the rules defined by each merchant in their affiliate program. Commission structures may include flat fees, percentage-based commissions, tiered rates, or recurring commissions. The specific terms are set by each merchant and communicated through their program details.

6.2 Payout Terms

Payouts are subject to:

• Minimum thresholds: Commissions must reach the minimum payout threshold set by the merchant before they can be withdrawn
• Verification period: Conversions may be held pending for verification before being approved for payout
• Clawback period: Commissions may be reversed if the underlying transaction is refunded or charged back within the clawback period defined by the merchant
• Processing time: Payouts are processed according to merchant-defined schedules (weekly, bi-weekly, monthly)

6.3 Taxes

You are solely responsible for any taxes applicable to the commissions you receive. Komissio and merchants may be required to report your earnings to tax authorities and provide you with tax forms (such as 1099s in the United States) as required by law.

6.4 Commission Disputes

If you believe a commission was incorrectly calculated or denied, you should first contact the merchant directly. Komissio may assist in mediation but is not responsible for disputes between merchants and affiliates regarding commission amounts or eligibility.

8.1 Komissio's Intellectual Property

The Service, including its design, features, content, and underlying technology, is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our Service without our written consent.

8.2 User Content

You retain ownership of content you submit to the Service. By submitting content, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display that content in connection with operating the Service. You represent that you have the right to grant this license.

8.3 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us the right to use that feedback without restriction or compensation to you.

12.1 Governing Law

These Terms are governed by the laws of the State of California, United States, without regard to its conflict of laws principles.

12.2 Arbitration Agreement

Any dispute arising from these Terms or your use of the Service shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall take place in San Francisco, California, unless otherwise agreed. The arbitrator's decision shall be final and binding.

12.3 Class Action Waiver

You agree to resolve any disputes with us on an individual basis and waive any right to participate in a class action, collective action, or representative proceeding.

12.4 Exceptions

Notwithstanding the above, either party may seek injunctive relief in any court of competent jurisdiction for claims involving intellectual property infringement or unauthorized access to the Service.

14.1 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements referenced herein, constitute the entire agreement between you and Komissio regarding the Service.

14.2 Severability

If any provision of these Terms is found to be unenforceable, that provision will be modified to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

14.3 Waiver

Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision.

14.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

14.5 Force Majeure

We shall not be liable for any failure or delay in performing our obligations due to circumstances beyond our reasonable control, including natural disasters, acts of war, terrorism, pandemics, or governmental actions.