Affiliate Terms of Service

1. Acceptance of Terms

These Affiliate Terms of Service ("Terms") are a legally binding agreement between you ("Affiliate," "you," or "your") and Types LLC, a California limited liability company doing business as OmNom ("OmNom," "we," "us," or "our"). By registering for the OmNom Affiliate Program (the "Program"), you agree to these Terms.

2. Description of the Affiliate Program

The OmNom Affiliate Program allows approved affiliates to refer restaurants to the OmNom platform. When a restaurant you refer successfully onboards and begins processing customer orders through OmNom, you earn an ongoing commission based on that restaurant's transaction volume.

OmNom reserves the right to modify, suspend, or discontinue the Affiliate Program at any time, with reasonable notice to active affiliates.

3. Eligibility

To participate in the Affiliate Program, you must:

• Be at least 18 years of age.
• Provide accurate and complete registration information.
• Have the legal capacity to enter into this agreement.
• Not be an employee of Types LLC (unless separately authorized in writing).

OmNom reserves the right to approve or deny affiliate applications at our sole discretion.

4. Affiliate Commission

• Commission rate: 0.5% of the transaction total for each order at a referred restaurant.
• Ongoing: Commissions are earned for as long as the referred restaurant remains active on OmNom and these Terms remain in effect.
• Attribution: A restaurant is attributed to your referral based on OmNom's tracking and referral system. OmNom's determination of referral attribution is final.
• No double-dipping: If multiple affiliates claim the same restaurant, the commission will be awarded to the affiliate whose referral was first recorded in our system.

OmNom reserves the right to adjust the commission rate with at least thirty (30) days' written notice. Continued participation in the Program after the change takes effect constitutes your acceptance of the new rate.

5. Commission Payment Terms

• Payment schedule: Commissions are calculated monthly and paid within thirty (30) days of the end of each calendar month.
• Minimum payout: Payments are issued when your accumulated commissions reach a minimum threshold of $25.00. If your balance is below this threshold, it will carry over to the following month.
• Payment method: Commissions will be paid via the method agreed upon during registration (e.g., direct deposit, check, or other method made available by OmNom).
• Taxes: You are solely responsible for reporting and paying all taxes on your commission earnings. OmNom may require you to provide a W-9 or equivalent tax form. If you earn $600 or more in a calendar year, OmNom will issue a Form 1099 as required by law.

6. Affiliate Conduct

As an OmNom affiliate, you agree to:

• Represent OmNom honestly and accurately in all communications with potential restaurant partners.
• Not make false, misleading, or exaggerated claims about OmNom's services, pricing, or capabilities.
• Not engage in spam, unsolicited bulk communications, or deceptive marketing practices.
• Not use OmNom's name, logo, or trademarks in any way that implies official employment or agency without prior written approval.
• Not engage in any activity that is unlawful, fraudulent, or harmful to OmNom's reputation.
• Comply with all applicable laws and regulations, including the CAN-SPAM Act and FTC guidelines on endorsements and testimonials.

Violation of these conduct requirements may result in immediate termination from the Program and forfeiture of unpaid commissions.

7. Relationship of the Parties

As an independent contractor:

• You are not entitled to any employee benefits, including health insurance, retirement plans, or workers' compensation.
• You are responsible for your own tools, expenses, and work schedule.
• You may not bind OmNom to any contract, obligation, or commitment.
• You may not represent yourself as an employee, agent, or official representative of OmNom.

8. Intellectual Property & Brand Usage

OmNom grants you a limited, non-exclusive, non-transferable, revocable license to use OmNom's name and approved marketing materials solely for the purpose of referring restaurants to the Platform. You agree to:

• Use only OmNom-approved logos, images, and marketing materials.
• Not modify OmNom's trademarks or branding in any way.
• Not create websites, social media accounts, or other assets that could be confused with official OmNom properties.
• Cease all use of OmNom branding immediately upon termination from the Program.

9. Disclaimer of Warranties

THE AFFILIATE PROGRAM AND THE PLATFORM ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. OmNom does not warrant that the Program will be uninterrupted, that commissions will always be calculated without error, or that any particular restaurant referral will result in a successful onboarding or ongoing revenue.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OMNOM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES arising from your participation in the Affiliate Program, including but not limited to lost commissions, lost business opportunities, or reputational harm.

OmNom's total aggregate liability to you for all claims arising under these Terms shall not exceed the total commissions paid to you in the twelve (12) months preceding the claim, or one hundred dollars ($100), whichever is greater.

11. Dispute Resolution

11.1 Informal Resolution

Before initiating formal dispute resolution, you agree to contact us at support@omnom.monster and attempt to resolve the dispute informally for at least thirty (30) days.

11.2 Binding Arbitration

If the dispute cannot be resolved informally, you and OmNom agree to resolve it through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, in Sacramento County, California.

11.3 Small Claims Exception

Either party may bring an individual action in small claims court if the claim falls within the court's jurisdictional limits.

11.4 Class Action Waiver

YOU AND OMNOM AGREE THAT EACH MAY BRING CLAIMS ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

12. Termination

Either party may terminate participation in the Affiliate Program at any time:

• By you: You may withdraw from the Program by notifying us in writing. You will receive payment for any commissions earned through the date of termination, subject to the minimum payout threshold.
• By OmNom: We may suspend or terminate your affiliate account at any time, with or without cause, at our sole discretion.

Effect of Termination

• Your right to earn commissions ceases immediately upon termination.
• Accrued and unpaid commissions above the minimum payout threshold will be paid within sixty (60) days of termination, provided the commissions were earned in compliance with these Terms.
• If you are terminated for cause (fraud, misconduct, or violation of these Terms), OmNom reserves the right to withhold unpaid commissions.
• You must immediately cease using all OmNom branding and marketing materials.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict-of-law provisions. To the extent any court proceeding is permitted, you consent to the exclusive jurisdiction of the state and federal courts in Sacramento County, California.

14. Changes to These Terms

OmNom reserves the right to modify these Terms at any time. We will provide at least thirty (30) days' notice of material changes. Your continued participation in the Program after the updated Terms take effect constitutes your acceptance.

15. Contact Information