This Influencer Terms of Service (the “Agreement”) applies to your participation as an influencer on the Pomlink platform. Any person or entity that participates or attempts to participate must accept this Agreement. By registering on Pomlink, you agree to comply with the terms of this Agreement between you (“Influencer,” “you,” or “your”) and Pomlink, Inc. (“Pomlink,” “we,” “us,” or “our”).
This Agreement incorporates, and you agree to comply with, the most up-to-date version of all policies, guidelines, and other rules referenced in this Agreement. If you sign up on behalf of an entity or organization, you are binding that organization to this Agreement and represent that you have the authority to do so.
1. Eligibility
Acceptance into any brand offer is at the sole discretion of the brand and/or Pomlink, and your application may be rejected or denied for any reason. Any information collected during registration will be handled in accordance with our Privacy Policy. Once accepted into an offer, you may be eligible to earn Commissions by creating, sharing, or distributing content in accordance with this Agreement and the offer guidelines. Pomlink may terminate your participation at any time and for any reason.
You must comply with this Agreement to participate and receive any Commissions. We may monitor your marketing channels at any time to determine compliance.
Misconduct
If you violate this Agreement or any applicable terms, we may permanently withhold all Commissions otherwise payable to you, without notice and without prejudice to any right to recover damages. If your Pomlink account is deactivated prior to payout, you will not be eligible to receive any Commissions, even if all other requirements have been met.
2. Commissions
To receive Commissions on Pomlink, the following terms apply:
2.1 Commission Payout
Eligible Influencers will receive compensation (“Commissions”) as set forth in the applicable offer terms. Pomlink reserves the right to withhold or deduct Commissions if it determines they were issued in error, were fraudulent or illegal, or resulted from any violation of this Agreement. To be eligible, you must:
- Accept this Agreement and any other applicable terms
- Complete all steps necessary to create your account
- Provide and maintain a valid, up-to-date payment method
- Complete all required tax documentation
2.2 Payments
Pomlink has appointed Stripe, Inc., and in countries where Stripe is not supported, PayPal Holdings, Inc., to facilitate Commission payouts. By participating, you agree that you have read, understood, and accepted the applicable terms and conditions of Stripe (or PayPal, if applicable). Accepting the terms of the applicable payment provider is a precondition to this Agreement.
2.3 Taxes
You are responsible for paying all taxes, duties, or other governmental charges (“Taxes”) imposed on any Commission payments made to you.
2.4 Tracking Links
As an Influencer, you may be provided with a unique tracking link associated with your account. When a customer clicks through your link and completes a qualifying action (such as a purchase or signup), you may earn Commission income as described in the applicable offer terms.
You may only use your tracking link on properties and in content that you own or control. If Pomlink requests that you remove a link from any property or content, you must comply within twenty-four (24) hours. Failure to comply may result in suspension or termination of your participation and/or forfeiture of any payments.
2.5 Commission Eligibility
You will only be eligible for a Commission for customer transactions completed through your tracking link. If a prospective customer does not complete a purchase or register within the attribution window specified in the offer terms, you will not be eligible for a Commission, even if that customer later converts directly.
Customers who begin through your link but complete their transaction through a sales-assisted process will not result in a Commission. A Commission will not be payable if the customer was already a client or actively engaged in the sales process with the brand before using your link.
Only one Influencer can earn a Commission for a single referral. If multiple Influencers claim credit, Pomlink will have sole discretion to determine which is entitled, based on our tracking systems.
2.6 Maximum Commission
Pomlink and/or the brand reserves the right to set a maximum amount of Commissions you can earn per offer. It is your responsibility to review the offer terms for current limits. You may not create multiple accounts to circumvent any maximum, and Pomlink may withhold amounts that exceed the limit.
3. Participation Guidelines
We authorize you to market and promote brands and their products or services in accordance with this Agreement.
3.1 Restrictions
In connection with your participation, you expressly agree to the following:
- No spamming: You agree not to send unsolicited communications and will comply with all applicable laws (e.g., TCPA, EU ePrivacy Directive). You must promptly honor all opt-out requests.
- No misrepresentations: You agree to market products and services fairly and accurately. You will not impersonate another person, misrepresent your relationship with Pomlink or any brand, use misleading marketing materials, or create fake accounts, blogs, profiles, or "deepfakes."
- No prohibited content: You must not use your tracking link in connection with defamatory, offensive, abusive, sexually explicit, or discriminatory content, or content referencing drugs, alcohol, or weapons. Do not use another party's brand name or intellectual property without written consent.
You also agree that you will not:
- Use your tracking link to purchase products or services for yourself
- Purchase ads using branded keywords that compete with a brand's own advertising
- Create websites, domains, URLs, social media handles, or email addresses containing the word "Pomlink"
- Attempt to gain unauthorized access to the Services
- Violate any applicable laws, including privacy laws, FTC rules, or platform terms of service
- Defraud or abuse Pomlink, any brand, or any customers you refer
Violation of any restriction may result in revocation of your eligibility and/or withholding of Commissions.
3.2 Compliance
You agree to comply with all applicable laws, regulations, and industry best practices relating to sponsored posts and advertising, including the FTC's rules governing disclosures, social media advertising, sponsorships, and endorsements. You will not misrepresent your relationship with Pomlink or any brand.
When you post content, you must clearly and prominently include a disclosure that complies with all applicable rules governing advertising disclosures and endorsements.
3.3 Customer Interactions
Brand customers are not your customers by virtue of your participation. All pricing, terms, and policies concerning the brand's products apply to those customers and may be changed at any time. If contacted by a customer regarding a brand, direct them to the brand's support team.
4. License and Ownership
4.1 License to Your Content
We may use your name and likeness, and you grant us a limited, irrevocable, perpetual, worldwide, nonexclusive, transferable, royalty-free license to copy, use, reproduce, modify, publish, post, translate, create derivative works from, distribute, transmit, and display the content you create in connection with your participation, solely to promote Pomlink and its services.
You may revoke this grant at any time by emailing support@pomlink.com. Upon receipt, we will use commercially reasonable efforts to cease new uses of such content.
4.2 Pomlink Content
We may make available to you certain data, images, text, link formats, widgets, marketing content, and other information (“Pomlink Content”). You may use Pomlink Content solely for marketing in accordance with this Agreement. You may not modify, alter, or distort Pomlink Content, combine it with other marks, or use it in a manner that could cause confusion or dilute Pomlink's brand.
4.3 Ownership
You own and retain all intellectual property rights in your content, except to the extent it incorporates any Pomlink intellectual property. We own and retain all rights in our Services, Pomlink Content, and Pomlink marks, including any modifications and derivative works. To the extent you create such modifications, you hereby assign all intellectual property rights therein to Pomlink.
5. Confidentiality
You will hold all information regarding us and our business that would reasonably be understood to be confidential (“Confidential Information”) in strict confidence. You will only use Confidential Information in relation to your participation on Pomlink. You will not disclose Confidential Information to any third party except as authorized by us in writing.
6. Term
This Agreement begins upon your registration. Either party may terminate at any time, with or without cause, by giving written notice (including via email). Upon termination, your rights to use any tracking links, Pomlink Content, and Pomlink marks will immediately cease. We may hold accrued unpaid Commissions for a reasonable period following termination to ensure the correct amount is paid (adjusting for cancellations, refunds, or downgrades).
7. Independent Contractor
You are an independent contractor and not an agent or employee of Pomlink. You are not entitled to any compensation, options, stock, or other rights or benefits accorded to our employees.
8. Warranties
You represent, warrant, and covenant that:
- You will participate in accordance with this Agreement
- You are lawfully able to enter into this contract
- You are not the subject of U.S. sanctions or on any sanctioned parties lists
- The information you provide is accurate and complete
- Your participation will not constitute a conflict of interest or breach of any other agreement
- You have the full right and authority to enter into this Agreement and grant the rights herein
- Your content is free and clear of liens or third-party claims
- Use of your content as authorized will not give rise to any claims or liabilities
WE DO NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE AMOUNT OF TRAFFIC OR COMMISSIONS YOU CAN EXPECT. ANY INFORMATION OR MATERIALS PROVIDED BY US ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY. POMLINK IS NOT RESPONSIBLE FOR ANY PAYMENT IN THE EVENT A CUSTOMER TRANSACTION IS NOT COMPLETED USING YOUR TRACKING LINK. TO THE EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
9. Indemnification
You will defend, indemnify, and hold harmless Pomlink, its officers, directors, employees, agents, and affiliates from any third-party claims related to your breach of this Agreement or applicable law; your website, content, or materials; and your negligence or willful misconduct. We will have the right to approve counsel and participate in the defense of any such claim. You will not settle any claim without our reasonable consent.
10. Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES HOWEVER ARISING. OUR LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE GREATER OF (i) THE AMOUNT ACTUALLY PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT IN THE TWELVE MONTHS PRIOR TO THE CLAIM; OR (ii) $500 USD.
11. General
11.1 Governing Law
This Agreement will be governed by the laws of the State of California without regard to its conflicts of laws principles.
11.2 Arbitration
Both parties agree to resolve any claims through final and binding arbitration administered by the American Arbitration Association (AAA) in San Francisco, CA. The state or federal courts of San Francisco County shall have exclusive jurisdiction for injunctive relief.
11.3 No Class Actions
You may only resolve disputes on an individual basis. You may opt-out of arbitration by sending written notice to legal@pomlink.com with the subject “ARBITRATION OPT-OUT” within thirty (30) days of first accepting these Terms.
11.4 Notices
Notices may be sent to the email you used to register. Notices to us must be sent to legal@pomlink.com.
11.5 Modifications
We may modify this Agreement from time to time. Your continued participation following any modification constitutes your consent to the changes.
11.6 No Assignment
You may not assign this Agreement without our express prior written approval.
11.7 Entire Agreement
This Agreement supersedes any prior agreements and constitutes the entire agreement between the parties. There are no third-party beneficiaries.
11.8 Survival
All Sections expressed or intended to survive termination shall continue notwithstanding termination of this Agreement.