Omnisuite Affiliate for Current Users (30%)
OMNISUITE AFFILIATE AGREEMENT
Effective Date: January 15, 2025
This Affiliate Agreement and the OmniSuite LLC Terms of Service incorporated herein by reference (collectively, the “Agreement”) govern your application to join and participation in OmniSuite’s Affiliate Program (the “Program”).
By accepting these terms or participating in the Program, you agree to be bound by this Agreement. This is a binding legal contract between the individual or business entity that accepts these terms (“Affiliate,” “You,” or “you”) and OmniSuite LLC (“OmniSuite,” “we,” or “us”).
If you represent a business entity, you warrant that you have full authority to bind that entity to this Agreement. OmniSuite reserves the right to modify this Agreement at any time, and your continued participation constitutes acceptance of the revised terms.
SECTION 1. PROGRAM APPLICATION
You agree to provide accurate and complete information during the application process. OmniSuite retains sole discretion in approving or rejecting applications and may change participation criteria at any time.
By applying, you consent to be contacted regarding your application and participation in the Program via the email or phone number you provide. Communications may include automated calls, texts, or pre-recorded messages. You may revoke consent at any time by submitting written notice to info@theOmniSuite.com.
SECTION 2. PROGRAM RULES (“THE RULES”)
To remain eligible, you must follow these rules. Failure to comply may result in immediate termination and forfeiture of commissions.
a. Compliance with Laws
You are responsible for complying with all applicable laws, including but not limited to:
The CAN-SPAM Act (15 U.S.C. § 7701)
The FTC Endorsement Guidelines (16 CFR Part 255)
All consumer protection and advertising regulations
OmniSuite retains sole discretion to determine compliance.
b. Disclosure Requirement
All promotional materials must clearly state:
“Disclosure: I am an independent affiliate of OmniSuite. I am not an agent or employee of OmniSuite and have no authority to bind OmniSuite. I receive referral payments from OmniSuite. The opinions expressed here are my own.”
c. Non-Disparagement
You agree not to make defamatory, misleading, or disparaging statements about OmniSuite, its employees, or competitors.
d. Social Media Requirements
Each social media post must:
Include #OmniSuite and #ad before the “More” button or truncation point.
Follow the platform’s paid partnership and disclosure rules (e.g., Instagram’s Paid Partnership tool or YouTube’s “Ad” overlay).
e. Marketing Claims
Affiliates may not:
Make unsubstantiated or misleading income claims.
Represent OmniSuite as a “get-rich,” “business-in-a-box,” or “franchise opportunity.”
Use unverifiable testimonials or guarantee specific results.
All marketing must be truthful and accompanied by:
“These were my results based on my experience. Your results may vary. There is no guarantee you will make money.”
f. General Advertising Rules
You may not publish or distribute content that:
Infringes on intellectual property or privacy rights.
Contains adult, violent, or discriminatory material.
Uses malware, cookie stuffing, or deceptive SEO practices.
Mimics OmniSuite’s branding or creates confusion about affiliation.
Sends spam emails, texts, or messages without user consent.
You are responsible for maintaining current, accurate, and compliant marketing materials at all times.
g. Pay-Per-Click (“PPC”) Advertising
Paid advertising is permitted if:
It complies with this Agreement, Google’s PPC policies, and all laws.
It does not bid on OmniSuite trademarks, misspellings, or domain variations.
h. Affiliate Conduct and Responsibility
You are responsible for ensuring that employees or contractors acting on your behalf comply with this Agreement.
You may not self-refer, manipulate links, or use sub-affiliate networks without written authorization.
OmniSuite reserves the right to review and require adjustments to your link placement or promotional strategy.
i. Affiliate Communication Policy
OmniSuite will provide affiliate updates, compliance notices, and marketing materials via email or in-platform notifications.
You agree to remain subscribed to essential communications to maintain program compliance and payout eligibility.
SECTION 3. COMPENSATION
a. Overview
Once approved, you will receive a unique Affiliate ID linked to a tracking URL for your promotions. You earn commissions (“Commissions”) on verified sales attributed to your link.
b. Commission Rates
Active OmniSuite Users: 30% of setup fees, monthly subscriptions, and additional services purchased by referred clients.
Inactive or Non-Users: 10% of setup fees and monthly subscriptions.
When an inactive user re-subscribes, their rate returns to 30%.
c. Payment Schedule
Commissions are paid on the 15th of each month, following at least 45 days of successful referral account activity.
Payments are made via an approved third-party provider in USD.
Minimum payout threshold: $50.00 USD.
If your account balance is below $50 within 120 days, payment will still be issued but may incur applicable processing fees.
d. Adjustments and Audits
OmniSuite may audit and adjust commissions in cases of:
Refunds, chargebacks, or duplicate tracking
Fraudulent or policy-violating sales
Tracking system errors
OmniSuite’s commission determinations are final and binding.
e. Taxes and Documentation
You must provide valid tax documentation (W-8/W-9). OmniSuite may withhold taxes as required by law. You are solely responsible for tax reporting in your jurisdiction.
SECTION 4. INTELLECTUAL PROPERTY RIGHTS
OmniSuite may provide logos, templates, presentations, and promotional materials (“OmniSuite Materials”).
You acknowledge OmniSuite’s exclusive ownership of these materials and may not alter or repurpose them outside of authorized use.
All goodwill generated through your use of OmniSuite Materials shall inure solely to OmniSuite.
SECTION 5. TERM AND TERMINATION
This Agreement begins on the date of acceptance and continues month-to-month until terminated.
Either party may terminate with 30 days’ written notice.
OmniSuite may terminate immediately for cause, including policy violations or fraudulent conduct.
If terminated for cause, all pending commissions are forfeited.
Sections related to confidentiality, limitations of liability, indemnity, and arbitration survive termination.
SECTION 6. ADDITIONAL REPRESENTATIONS AND WARRANTIES
You represent that you are not currently, and have never been, the subject of any FTC or government investigations or lawsuits related to deceptive marketing.
You must notify OmniSuite within 24 hours if such an event arises. OmniSuite may immediately terminate your participation based on such notice.
SECTION 7. ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between you and OmniSuite regarding the Program and supersedes all prior discussions or agreements.
SECTION 8. INDEPENDENT CONTRACTOR
You are an independent contractor — not an employee, partner, or agent of OmniSuite.
You may not represent or bind OmniSuite in any capacity, and your only compensation is as outlined in this Agreement.
SECTION 9. DISCLAIMER
OmniSuite does not guarantee income, business success, or specific results.
The Program is not a franchise, business opportunity, or “assisted marketing plan.”
SECTION 10. LIMITATION OF LIABILITY
To the fullest extent permitted by law:
OmniSuite’s total liability shall not exceed $1,500 or three (3) times your most recent monthly payment, whichever is less.
OmniSuite is not liable for indirect, incidental, or consequential damages, including loss of profits, data, or goodwill.
These limitations apply regardless of theory of liability.
SECTION 11. DISPUTE RESOLUTION AND GOVERNING LAW
All disputes shall be resolved through binding arbitration in Cook County, Illinois, before one arbitrator, conducted in English under Illinois law.
No class or collective actions are permitted.
If the class waiver is found invalid, the dispute shall be heard in court instead of arbitration.
Either party may seek preliminary injunctive relief in any Illinois court to prevent irreparable harm pending arbitration.
SECTION 12. INDEMNITY
You agree to indemnify, defend, and hold harmless OmniSuite LLC, its officers, directors, employees, and assigns against all losses, liabilities, claims, and expenses (including attorneys’ fees) arising from:
Your breach of this Agreement;
Your violation of any law or regulation;
Your use of OmniSuite’s property or materials;
Any negligent or intentional misconduct by you or your representatives.
SECTION 13. SEVERABILITY
If any provision of this Agreement is found unlawful or unenforceable, it shall be modified only to the extent necessary to comply with applicable law, and all remaining provisions shall remain in full force and effect.
SECTION 14. JUDICIAL ACTION FOR PROVISIONAL RELIEF
OmniSuite may seek equitable remedies (including injunctions or restraining orders) in Illinois courts to protect its rights without posting a bond.
Such action does not waive OmniSuite’s right to arbitration on other matters.
SECTION 15. COMPLAINT NOTIFICATION
Affiliates must notify OmniSuite of any complaints regarding advertisements or marketing activities within 24 hours of receipt.
Notifications should be sent to the OmniSuite Support Team at https://theOmniSuite.com.
SECTION 16. FORCE MAJEURE
No party shall be liable for failure to perform obligations due to events beyond their control, including natural disasters, wars, pandemics, or government restrictions. The affected party must provide prompt notice and make reasonable efforts to resume performance.
ACCEPTANCE
By joining and participating in the OmniSuite Affiliate Program, you acknowledge that you have read, understood, and agree to the terms and conditions outlined in this Agreement, effective January 15, 2025.