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Affiliate and Referral Program Terms

Last updated: Apr 28 2026

These Terms govern affiliate and referral participation only. They do not grant reseller, white-label, sublicense, or agency partner rights. Those arrangements require a separate written agreement with FOMO.ai.

By applying to, enrolling in, accessing, or participating in the FOMO.ai affiliate or referral program (the “Program”) through Rewardful or another platform designated by FOMO AI Corp. (“FOMO.ai,” “we,” “our,” or “us”), you agree to these Affiliate and Referral Program Terms (“Agreement”). If you are entering into this Agreement on behalf of a company or other entity, you represent that you have authority to bind that entity, and “you” and “Affiliate” include that entity.

This Agreement is separate from FOMO.ai’s customer-facing Terms of Service and Privacy Policy. If you are also a customer, user, reseller, or white-label partner, those relationships may be governed by separate terms in addition to this Agreement.

1. Definitions

1.1 “Affiliate” means the individual or entity accepted by FOMO.ai into the Program and authorized to promote FOMO.ai under this Agreement.

1.2 “Campaign Terms” means the campaign-specific commission rules, cookie windows, approved channels, payout thresholds, hold periods, product eligibility, or other commercial terms made available to you through Rewardful, a campaign signup page, an invitation, your affiliate dashboard, email notice, or another written communication from FOMO.ai.

1.3 “Qualified Referral” means a new, bona fide, arm’s-length customer transaction that is validly attributed to you under the Program and not excluded under this Agreement or the applicable Campaign Terms.

1.4 “Commission” means the compensation, if any, that FOMO.ai agrees to pay you for a Qualified Referral under the applicable Campaign Terms.

1.5 “Net Revenue” means the amounts actually received by FOMO.ai from an attributed customer transaction, excluding taxes, discounts, credits, rebates, refunds, chargebacks, bad debt, processor reversals, and amounts not successfully collected.

1.6 “Program Platform” means Rewardful or any successor or supplemental platform, system, or process that FOMO.ai uses to track referrals, promo codes, conversions, and commissions.

1.7 “FOMO.ai Marks” means FOMO.ai’s names, logos, trademarks, service marks, slogans, and other brand features.

2. Eligibility, Enrollment, and Approval

2.1 To participate, you must be at least 18 years old, legally capable of entering into contracts, and able to provide accurate and complete registration information.

2.2 FOMO.ai may approve or reject any application in its sole discretion and may review your participation, traffic sources, promotional methods, and compliance at any time.

2.3 Unless FOMO.ai expressly authorizes otherwise in writing, each legal entity may maintain only one affiliate account in the Program. If FOMO.ai authorizes more than one account, all such accounts remain subject to this Agreement.

2.4 You are responsible for maintaining the confidentiality and security of your login credentials and payout details, and for all activity that occurs under your account.

3. Relationship to Other Programs and Agreements

3.1 This Agreement governs referral and affiliate participation only. It does not grant any reseller, white-label, sublicense, customer-support, implementation, or agency partner rights unless a separate written agreement signed by FOMO.ai expressly grants them.

3.2 If you participate in a separate FOMO.ai partner, reseller, white-label, or enterprise referral arrangement, that separate written agreement will control to the extent of any conflict for the matters it covers.

3.3 If you are also a FOMO.ai customer, your customer use of FOMO.ai’s website, platform, or services remains subject to FOMO.ai’s Terms of Service, Privacy Policy, and any Order Terms or service agreement applicable to your customer relationship.

4. Campaign Terms; Multiple Structures; Rewardful Mechanics

4.1 FOMO.ai may operate one or more public or private campaigns. Different campaigns may have different commission structures, including percentage-based or fixed-amount commissions, recurring or limited commissions, different cookie windows, different payout thresholds, different hold periods, different approved channels, different promo code rules, and different product eligibility rules.

4.2 The Campaign Terms presented to you through the Program Platform, your signup link, your campaign invitation, your dashboard, or another written notice from FOMO.ai are incorporated into and form part of this Agreement.

4.3 If a Campaign Term conflicts with this Agreement on a commercial item specific to that campaign, the Campaign Term controls for that campaign. Otherwise, this Agreement controls.

4.4 FOMO.ai may move you between campaigns, change your default campaign, or require a separate account for a separate campaign. Unless FOMO.ai expressly states otherwise in writing, previously attributed referrals retain the commercial terms that applied when the referral was originally attributed, and changes apply prospectively only to new referrals.

4.5 You may not join or operate in multiple campaigns simultaneously through multiple accounts unless FOMO.ai expressly approves that structure in writing.

5. Tracking, Attribution, and Qualified Referrals

5.1 FOMO.ai may use link-based attribution, cookies, promo codes, campaign tokens, customer metadata, manual review, or other tracking methods made available through the Program Platform.

5.2 Attribution and commission status shown in the Program Platform are the primary operational record for the Program; however, FOMO.ai may correct attribution, void commissions, or manually adjust records in cases of fraud, error, duplicate attribution, existing customer status, prior pipeline ownership, invalid self-referrals, policy violations, refunds, chargebacks, or other invalid transactions.

5.3 A transaction is not a Qualified Referral if it is, in FOMO.ai’s reasonable judgment:

  • an existing customer, renewed customer, reactivated account, or house account already owned, sourced, or negotiated by FOMO.ai or another partner;
  • a lead or customer already in FOMO.ai’s pipeline or previously introduced to FOMO.ai before your tracked referral;
  • a transaction by you, your employer, your controlled affiliate, a commonly controlled entity, or a person or company using your referral link or code primarily to obtain a discount, unless FOMO.ai expressly authorizes that structure in writing;
  • a transaction where you did not materially influence, introduce, or drive the customer, including coupon interception, coupon poaching, browser-extension insertion, or public posting of a promo code or coupon to a customer who was already otherwise sourced, already in-market, or already negotiating with FOMO.ai;
  • a fraudulent, deceptive, disputed, refunded, charged-back, uncollectible, or otherwise invalid transaction; or
  • a transaction excluded by the applicable Campaign Terms, including a product, geography, channel, account type, or promotional method that the campaign does not cover.

5.4 FOMO.ai may require manual review for enterprise deals, custom service engagements, strategic accounts, public-sector accounts, prior customers, or any deal where source ownership or attribution is unclear.

5.5 Unless FOMO.ai expressly approves otherwise in writing, self-referrals are not eligible for Commission. FOMO.ai may, in its discretion, approve certain agency-style or authorized partner workflows where the partner signs up a customer using the partner’s own tracking link or code; those exceptions must be expressly approved in writing.

6. Commissions

6.1 Commissions are potential incentive payments only. No commission is earned, vested, due, or payable unless and until the underlying referral and transaction qualify under this Agreement and the applicable Campaign Terms, any applicable hold period expires, FOMO.ai approves the commission, and the commission is actually paid.

6.2 Unless the applicable Campaign Terms state otherwise, percentage-based commissions are calculated on Net Revenue, not list price or nominal contract value.

6.3 For subscription products or recurring services, commissions may be recurring, limited to a fixed number of invoices, limited to a period of months, or one-time only, as specified in the Campaign Terms.

6.4 FOMO.ai may withhold, reverse, offset, reduce, reclassify, or void commissions in whole or in part in connection with refunds, credits, discounts, chargebacks, duplicate attribution, fraud, coupon poaching, coupon interception, prohibited paid ads, cancellations, nonpayment, self-referrals, violation of this Agreement, or any error in commission calculation, approval, or payment.

6.5 Unless a Campaign Term expressly provides otherwise, commissions are not earned on taxes, third-party pass-through fees, rebates, credits, free periods, waived fees, or services provided at no charge.

6.6 FOMO.ai may prospectively change commission rates, payout policies, cookie windows, promo code rules, and campaign structures by updating the applicable Campaign Terms or notifying you through the Program Platform or by email. Such changes will not retroactively reduce valid commissions already accrued under the then-applicable terms, except where reversal or adjustment is permitted under this Agreement.

7. Payouts, Thresholds, Taxes, and Setoff

7.1 Commissions generally begin in a pending or similar non-payable status and are provisional only. They do not become earned, vested, final, approved, or payable unless and until the applicable hold period has elapsed, the customer payment has been fully collected and not reversed, any minimum payout threshold has been met, and FOMO.ai approves the payout. Unless the Campaign Terms state otherwise, FOMO.ai may use a hold period designed to align with its refund, dispute, and chargeback exposure.

7.2 FOMO.ai may pay commissions through Rewardful managed payouts if enabled, or by another method designated by FOMO.ai, including PayPal, Wise, ACH, bank transfer, or another commercially reasonable method. FOMO.ai may require you to provide valid payout details and tax documentation as a condition of payment.

7.3 You are solely responsible for all taxes, duties, levies, and similar amounts arising from commissions paid to you. FOMO.ai may withhold taxes where required by law and may require a completed W-9, W-8BEN, W-8BEN-E, or similar form before issuing payment.

7.4 FOMO.ai may set off amounts owed by you to FOMO.ai, or amounts previously overpaid to you, against current or future commissions.

7.5 Unless the Campaign Terms state otherwise, unpaid commissions below the minimum payout threshold may remain unpaid until the threshold is met. Display of a referral, conversion, or commission in the Program Platform is informational only and does not obligate FOMO.ai to approve or pay it. If your account is terminated for cause, or if you abandon the Program, FOMO.ai may forfeit unpaid amounts that have not become due or been approved, to the maximum extent permitted by law.

8. Promotional Standards, Legal Compliance, and Required Disclosures

8.1 You are solely responsible for your websites, social accounts, newsletters, videos, ads, landing pages, promo codes, and all other promotional activity you use in connection with the Program.

8.2 You must comply with all applicable laws, platform rules, and industry guidance relating to your promotional activity, including advertising, privacy, disclosure, intellectual property, anti-spam, and consumer protection requirements.

8.3 You must clearly and conspicuously disclose your material relationship with FOMO.ai wherever required by law, including in content containing affiliate links, promo codes, or endorsements. Disclosures must be easy to notice, easy to understand, and placed close to the endorsement, recommendation, or link. Examples include: “I may earn a commission if you purchase through my link” or “Sponsored by FOMO.ai” where appropriate.

8.4 You may not make false, misleading, unsubstantiated, or non-compliant statements about FOMO.ai, its products, services, pricing, features, performance, privacy, legal compliance, AI capabilities, or expected results. Without limitation, you may not promise guaranteed rankings, guaranteed traffic, guaranteed revenue, guaranteed citations, guaranteed compliance, or other guaranteed outcomes unless FOMO.ai has expressly approved that exact statement in writing.

8.5 You may not:

  • send spam, unsolicited bulk emails, or unlawful texts;
  • use robocalls, unlawful SMS campaigns, or other outreach that violates the TCPA, CAN-SPAM, ePrivacy/PECR, or similar laws;
  • engage in cookie stuffing, forced clicks, auto-redirects, hidden frames, hidden links, pop-unders, parasitic marketing, adware, malware, or similar deceptive attribution methods;
  • publish, list, syndicate, or otherwise make available any FOMO.ai coupon code, promo code, or special offer on coupon sites, deal forums, browser extensions, cashback or loyalty sites, code aggregators, public discount communities, or similar public-distribution channels unless FOMO.ai expressly approves that channel in writing for the applicable campaign;
  • publicly share any private, limited-use, single-use, invite-only, or non-public FOMO.ai code or offer unless FOMO.ai expressly designates it for public use;
  • use deceptive coupon, rebate, cashback, browser-extension, toolbar, or download-based tactics, including coupon interception or code injection, unless FOMO.ai expressly approves them in writing;
  • impersonate FOMO.ai, present yourself as FOMO.ai, or create confusion about whether you are speaking for FOMO.ai;
  • register or use domain names, social handles, business names, or ad creatives that include FOMO.ai Marks or confusingly similar variations without written permission;
  • bid on, purchase, or otherwise use FOMO.ai branded search terms, misspellings, branded coupon terms, or confusingly similar keywords, or run paid search, paid social, display, retargeting, influencer-whitelisting, or other paid ads that point to a FOMO.ai destination or are designed to capture FOMO.ai-branded demand, unless FOMO.ai expressly approves that activity in writing;
  • publish or distribute content that is illegal, infringing, hateful, defamatory, abusive, deceptive, or otherwise harmful to FOMO.ai or third parties; or
  • offer incentives, discounts, bonuses, rebates, or cash-back arrangements tied to the Program unless the applicable Campaign Terms or FOMO.ai expressly authorize them in writing.

8.6 If FOMO.ai approves your use of coupon/distribution sites, promo codes, or paid media, you must follow all campaign-specific rules for those channels, including any landing-page, disclosure, coupon, keyword, negative-keyword, ad-copy, and routing requirements. Approval may be limited to a specific campaign, property, channel, or time period and may be revoked at any time.

8.7 Original branded or editorial content is allowed. Subject to this Agreement, you may create original articles, newsletters, videos, podcasts, reviews, tutorials, webinars, social posts, and similar branded or editorial content that promotes FOMO.ai, provided the content is truthful, non-misleading, clearly discloses your affiliate relationship where required, and otherwise complies with this Agreement and applicable law.

9. Limited License to Use FOMO.ai Marks

9.1 Subject to this Agreement and any brand guidelines or campaign rules FOMO.ai provides, FOMO.ai grants you a limited, non-exclusive, non-transferable, revocable license during the Term to use approved FOMO.ai Marks solely to market FOMO.ai in connection with the Program.

9.2 You may not modify the FOMO.ai Marks, combine them with other marks in a misleading way, register them or confusingly similar terms, or use them in a manner that suggests sponsorship, endorsement, employment, partnership rights, reseller rights, or white-label rights beyond what this Agreement expressly allows.

9.3 All goodwill arising from your use of the FOMO.ai Marks inures solely to FOMO.ai. FOMO.ai may revoke this license or require you to remove or change any use of the FOMO.ai Marks at any time.

10. Confidentiality; Referral Data; Privacy

10.1 Any non-public information FOMO.ai provides to you about the Program, customers, referrals, commissions, pricing, campaigns, roadmap, or operations is FOMO.ai Confidential Information and may be used only as necessary to participate in the Program.

10.2 If the Program Platform or FOMO.ai makes referral or customer information visible to you, you must protect it using reasonable care, keep it confidential, and use it only for lawful Program participation. You may not scrape, resell, disclose, or repurpose referral or customer information, or contact referred customers using data provided through the Program Platform unless FOMO.ai expressly authorizes that use in writing.

10.3 You must maintain a privacy policy and any disclosures required for your promotional properties and comply with applicable privacy laws to the extent your activities collect, use, or disclose personal information.

11. Term; Suspension; Termination; Effect

11.1 This Agreement begins when you accept it or participate in the Program and continues until terminated.

11.2 Either party may terminate this Agreement at any time, with or without cause, upon notice to the other party, subject to Section 11.4.

11.3 FOMO.ai may suspend or terminate your participation immediately if FOMO.ai believes, in its sole discretion, that you have violated this Agreement, engaged in fraud or deceptive conduct, created legal or brand risk, used prohibited traffic sources, or otherwise acted in a manner inconsistent with the Program or FOMO.ai’s interests.

11.4 Upon termination:

  • you must immediately stop promoting FOMO.ai, stop using affiliate links, disable promo codes if requested, and cease using FOMO.ai Marks;
  • you are no longer entitled to commissions on new referrals after the effective termination date;
  • if termination is not for cause, FOMO.ai may continue to pay valid commissions on previously attributed Qualified Referrals for the remainder of the applicable commission period, if any, provided the referred customer remains active and this Agreement would otherwise have entitled you to those payments; and
  • if termination is for cause, or if FOMO.ai reasonably suspects fraud, abuse, brand bidding, unlawful promotion, self-referral abuse, or other material violations, FOMO.ai may immediately deactivate referrals, void unpaid commissions, and withhold future payments to the maximum extent permitted by law.

11.5 FOMO.ai may deactivate inactive or abandoned accounts, subject to the Campaign Terms and applicable law.

12. Disclaimers

12.1 THE PROGRAM, THE PROGRAM PLATFORM, AND ALL RELATED MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

12.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOMO.ai DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

12.3 FOMO.ai does not guarantee acceptance into the Program, a particular campaign assignment, a particular cookie window, a particular commission level, uninterrupted tracking, attribution of any particular customer, any level of conversions or earnings, or the continuing availability of any campaign, product, or channel.

13. Indemnification

You will defend, indemnify, and hold harmless FOMO.ai, its affiliates, and their respective officers, directors, employees, contractors, and agents from and against any third-party claims, damages, liabilities, judgments, settlements, losses, costs, and reasonable attorneys’ fees arising out of or relating to: (a) your participation in the Program; (b) your websites, content, advertisements, promo codes, or other promotional materials or methods; (c) your breach of this Agreement or applicable law; (d) your infringement, misappropriation, or violation of any third-party rights; or (e) your taxes or other obligations arising from commissions paid to you.

14. Limitation of Liability

14.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOMO.ai WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUE, LOSS OF GOODWILL, LOSS OF DATA, OR BUSINESS INTERRUPTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE PROGRAM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOMO.ai’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE PROGRAM WILL NOT EXCEED THE GREATER OF (A) US $100 OR (B) THE TOTAL COMMISSIONS PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

15. Dispute Resolution; Arbitration; Class Action Waiver

15.1 Before starting arbitration or court proceedings, the party raising the dispute must send written notice describing the dispute and the requested relief. The parties will try in good faith to resolve the dispute informally for at least thirty (30) days after notice.

15.2 Except as stated in Section 15.4, any dispute, claim, or controversy arising out of or relating to this Agreement or the Program will be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) under its applicable rules. The Federal Arbitration Act governs the interpretation and enforcement of this Section.

15.3 Unless the parties agree otherwise, arbitration will take place in Denver, Colorado, or remotely by video, and will be conducted in English before a single arbitrator.

15.4 Either party may bring: (a) an individual claim in small claims court if it qualifies; and (b) an action in court for temporary, preliminary, or injunctive relief relating to intellectual property, confidentiality, unauthorized use of FOMO.ai Marks, misuse of the Program, fraud, or collection of unpaid amounts.

15.5 TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL DISPUTES MUST BE BROUGHT ON AN INDIVIDUAL BASIS ONLY. NEITHER PARTY MAY PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, MASS, OR PRIVATE ATTORNEY GENERAL ACTION.

15.6 To the extent any dispute is permitted to proceed in court, each party waives any right to a jury trial.

16. Miscellaneous

16.1 Independent Contractor. You are an independent contractor. This Agreement does not create any employment, franchise, agency, fiduciary, joint venture, partnership, or reseller relationship between you and FOMO.ai.

16.2 No Exclusivity. Unless FOMO.ai expressly agrees otherwise in writing, your participation in the Program is non-exclusive, and FOMO.ai may work with other affiliates, partners, customers, and competitors.

16.3 Assignment. You may not assign this Agreement without FOMO.ai’s prior written consent. FOMO.ai may assign this Agreement in connection with a merger, acquisition, reorganization, affiliate transaction, or sale of assets.

16.4 Changes to this Agreement. FOMO.ai may update this Agreement, the Campaign Terms, or other Program rules from time to time. Unless FOMO.ai states otherwise, updates are effective immediately upon posting or notice. Updated terms apply prospectively to future participation and promotional activity and, to the maximum extent permitted by law, to any referral, commission, payout, or other amount that is still pending, not yet due, not yet approved, or unpaid as of the effective date. For clarity, no commission is earned, vested, or final until approved by FOMO.ai and paid. Continued participation in the Program, continued use of links or codes, or continued maintenance of promotional content after the effective date constitutes acceptance of the updated terms.

16.5 Governing Law. This Agreement is governed by the laws of the State of Colorado, without regard to conflict-of-law rules, except that the Federal Arbitration Act governs Section 15.

16.6 Notices. Notices under this Agreement may be provided by email to the address associated with your Program account or to hi@fomo.ai, or by other reasonable electronic means.

16.7 Severability; Waiver. If any provision of this Agreement is held unenforceable, the remaining provisions remain in effect. A waiver of any breach is not a waiver of any later breach.

16.8 Entire Agreement. This Agreement, together with the applicable Campaign Terms and any separate written agreement that expressly references this Agreement, constitutes the entire agreement between you and FOMO.ai regarding the Program and supersedes prior or contemporaneous understandings on that subject.