Oh My Hi Affiliate Program Terms of Use

1. Introduction and Acceptance

As an authorized affiliate (“Affiliate”) of Oh My Hi, you agree to abide by the terms and conditions contained in this Agreement (“Agreement”). Please read the entire Agreement carefully before promoting Oh My Hi as an Affiliate.

Your participation in the Oh My Hi Affiliate Program (“Program”) is solely to legally advertise our website to receive a commission on subscriptions and products purchased by individuals referred to Oh My Hi through your own website or personal referrals.

By checking the acceptance box on the affiliate dashboard, you indicate your acceptance of this Agreement and its terms and conditions. You also confirm that you are at least 18 years of age.

2. Eligibility and Access

The Program is available to Oh My Hi customers and select non-customers as determined by Oh My Hi at its sole discretion. We reserve the right to deny or revoke access to the Program at any time. You will have no legal recourse against us for denial or revocation of Program access.

3. Commission Structure and Tracking

3.1 Commission Rates

• Affiliates earn a 20% commission on all qualifying purchases made by referred customers
• Commissions apply to both initial purchases and recurring subscription payments
• Recurring commissions continue indefinitely as long as the referred customer maintains an active subscription

3.2 Tracking Duration

• Affiliate tracking cookies remain active for 30 days from the initial click
• The last affiliate to refer a customer before purchase receives credit for the sale 
• You cannot refer yourself, and you will not receive commissions on your own accounts

3.3 Qualifying Transactions

• Payments will only be sent for transactions that have been successfully completed
• Transactions that result in chargebacks or refunds will not be paid out
• For an Affiliate to receive a commission, the referred account must remain active for a minimum of 31 days

4. Payment Terms

4.1 Payment Method and Schedule

• Commissions are paid via PayPal only
• Payments are processed by the last day of each month for commissions earned in the previous month
• There is no minimum payout threshold

4.2 Contact Information

• Affiliates must maintain accurate contact information in their affiliate dashboard at all times
• This includes:
  • Current email address for receiving program notifications and updates
  • Valid PayPal email address for commission payments
  • Any other contact details requested in the affiliate dashboard
• Failure to maintain accurate contact information may result in:
  • Missed payments
  • Failure to receive important program updates or term changes
  • Potential suspension of affiliate account until information is updated
• Oh My Hi is not responsible for missed payments or communications due to outdated contact information

4.3 Tracking and Reporting

• Affiliates have access to a dashboard showing:
  • Generated affiliate links
  • Commission earnings
  • Payment history
  • Referral tracking
• It is the Affiliate’s responsibility to regularly review their dashboard and report any discrepancies within 30 days

5. Promotional Methods and Restrictions

5.1 Permitted Promotional Methods

• Graphic and text links on your website
• Email marketing to your own list
• Online and offline classified ads
• Magazine and newspaper advertisements
• Social media promotion (with restrictions noted below)

5.2 Restricted Activities

• Sharing referral links or coupon codes on Oh My Hi social channels
• Posting in comments on Oh My Hi posts, lives, or advertisements
• Sharing in chat or comments during Oh My Hi live events
• Pay Per Click (PPC) advertising without prior written permission
• Spamming (mass email, mass newsgroup posting, etc.)
• Advertising on sites containing or promoting illegal activities

5.3 Coupon and Deal Promotion

• Only pre-approved affiliates may promote coupon codes
• No misleading text implying unavailable deals
• No bidding on terms including “Oh My Hi Coupons” or “Oh My Hi Discounts”
• No automatic cookie setting without explicit user action
• Users must see coupon/deal details before affiliate cookies are set

6. Affiliate-Provided Content

6.1 Content License

• Select Affiliates may provide Oh My Hi with website templates, content, or other materials (“Affiliate Content”) for use by customers referred through their affiliate links
• By providing Affiliate Content, such Affiliates grant Oh My Hi a worldwide, non-exclusive, royalty-free license to:
  • Use, reproduce, modify, and adapt the Affiliate Content
  • Make the Affiliate Content available to Oh My Hi customers
  • Create derivative works based on the Affiliate Content
  • Incorporate the Affiliate Content into Oh My Hi’s services and platforms
• Affiliates represent and warrant that they have all necessary rights and permissions to grant this license

6.2 Content Liability

• Affiliates providing content are solely responsible for:
  • The accuracy and completeness of their Affiliate Content
  • Ensuring Affiliate Content complies with all applicable laws and regulations
  • Any claims or disputes arising from customer use of Affiliate Content
  • Maintaining and updating their Affiliate Content as needed
• Affiliates who provide content agree to indemnify and hold Oh My Hi harmless from any claims, damages, or expenses arising from:
  • Use of Affiliate Content by Oh My Hi or its customers
  • Violations of third-party rights by Affiliate Content
  • Legal compliance issues with Affiliate Content
  • Customer reliance on Affiliate Content

7. Marketing Materials and Brand Usage

7.1 Provided Materials

• Oh My Hi provides approved graphics and text samples for affiliate use
• Additional marketing materials may be made available through the affiliate dashboard

7.2 Custom Materials

• Affiliates may create their own marketing materials if they:
  • Are appropriate and professional
  • Do not violate any terms of this Agreement
  • Accurately represent Oh My Hi’s products and services
  • Include proper affiliate disclosures as required by law

7.3 FTC Compliance

• Affiliates must clearly disclose their affiliate relationship with Oh My Hi in all promotions
• Disclosures must comply with Federal Trade Commission guidelines
• Failure to properly disclose the affiliate relationship is grounds for immediate termination

8. Termination

8.1 Grounds for Termination

• Inappropriate advertisements or false claims
• Violation of promotional method restrictions
• Failure to provide required disclosures
• Violation of intellectual property rights
• Offering kickbacks from affiliate commissions
• Self-referrals or fraudulent transactions
• Any violation of this Agreement

8.2 Termination Process

• Oh My Hi reserves the right to terminate any Affiliate account at any time
• Termination may occur with or without notice
• Upon termination, all unpaid commissions will be reviewed for validity
• Valid commissions earned prior to termination will be paid according to the regular schedule

9. Legal Framework

9.1 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of California, and any disputes shall be subject to the exclusive jurisdiction of the courts of San Diego, California.

9.2 Dispute Resolution

Any dispute arising out of or relating to this Agreement shall be resolved through binding arbitration in San Diego, California, administered by the American Arbitration Association under its Commercial Arbitration Rules.

9.3 Indemnification

Affiliate shall indemnify and hold harmless Oh My Hi and its affiliate and subsidiary companies, officers, directors, employees, licensees, successors, and assigns from any and all liabilities, damages, fines, judgments, claims, costs, losses, and expenses arising out of or related to any claims sustained in connection with this Agreement due to the negligence, misrepresentation, failure to disclose, or intentional misconduct of Affiliate.

10. Modifications to Agreement

10.1 Updates to Terms

• Oh My Hi reserves the right to modify this Agreement at any time
• Notice of material changes will be sent to the email address associated with your affiliate account
• Continued participation in the Program after modification constitutes acceptance of changes

10.2 Term of Agreement

The term of this Agreement begins upon acceptance into the Program and continues until terminated by either party.

11. Force Majeure

Neither party shall be liable for any failure or delay in performance under this Agreement for causes beyond that party’s reasonable control, including but not limited to, acts of God, war, terrorism, pandemic, changes in laws or regulations, or other significant market or environmental conditions that materially affect the Program’s operation.

12. Electronic Signatures

This Agreement constitutes an electronic contract that sets out the legally binding terms of your participation in the Program. By checking the acceptance box on the affiliate dashboard, you create an electronic signature that has the same legal force and effect as a handwritten signature.

Last Updated 2/3/2025