Last updated:
January 1, 2024
Partner Program Agreement
Effective Date: January 1, 2024
READ THIS AGREEMENT CAREFULLY. BY SUBMITTING AN APPLICATION TO JOIN OR BY PARTICIPATING IN THE OLYN MEDIA PARTNER PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, AS WELL AS OLYN’S PRIVACY POLICY AND TERMS OF SERVICE.
1. Definitions
“Olyn,” “We,” “Our,” “Us”: Olyn Inc. and its affiliates.
“You,” “Your,” or “Partner”: The individual or entity enrolling in the Olyn Media Partner Program.
“Creator”: means any individual, business, entity, or content provider who is the owner of the streaming content and uses Olyn's technology for movie display. The Creator’s services are available on the Olyn platform, and the Creator may provide Promotional Materials via the Olyn Media Partner Portal or expressly approve certain marketing materials for use by Partners. The Creator also determines the Commission rates associated with Qualified Purchases and may terminate the partnership at their sole discretion.
“Program” or “Partner Program”: Olyn Media’s referral and affiliate program, enabling Partners to promote Olyn’s streaming content and services to earn Commissions.
“Partner Link”: A unique, trackable link provided to Partners for referring users to Olyn’s platform.
“Promotional Materials”: Banners, graphics, images, videos, text links, or other promotional assets provided by the Creator via the Olyn Media Partner Portal or expressly approved by the Creator in writing.
“Referred User”: A new or existing user of the Olyn platform who accesses the Olyn platform through a Partner Link and engages in a Qualifying Action (such as viewing streaming content).
“Qualified Purchase,” “Qualifying View,” “Qualifying Action”: A user action (e.g., viewing streaming content, making a purchase) that meets the criteria set forth in this Agreement or the specific commission plan agreed upon by Olyn and the Partner at the time of issuance of the Partner Link.
“Commission” or “Partner Compensation”: The remuneration (e.g., a percentage of sales, a fixed fee per Qualifying View, etc.) payable to the Partner for Qualifying Actions completed by Referred Users.
“Prohibited Activity”: Actions that violate this Agreement, Olyn’s Terms of Service, or applicable law, including spam, false advertising, intellectual property infringement, fraud, or other unethical conduct.
“Fraudulent Traffic”: Traffic generated through illegal, deceptive, or unethical means, including the use of fake accounts, stolen payment methods, or manipulative techniques to inflate referral metrics.
2. Eligibility
Registered User Requirement:
To participate, you must be a Registered User of Olyn’s Services and maintain an active Olyn account in good standing throughout your participation in the Program.
The Program is open worldwide to individuals who have reached the age of majority as defined by their country of residence. By enrolling, you represent and warrant that you are legally eligible to participate under the laws of your jurisdiction.
The use of multiple accounts, false identities, or any methods to circumvent eligibility requirements is strictly prohibited. Olyn and/or the Creator reserves the right, in their sole discretion, to approve, reject, or terminate your participation in the Program at any time.
3. Enrollment in the Olyn Partner Program
To begin the enrollment process, you must submit a completed Partner Registration Form. Olyn, in its sole discretion, will review and determine whether to accept or reject your application. Acceptance into the Program does not guarantee you will receive Commissions unless and until all Program requirements are met.
If Olyn accepts your application, Olyn will provide you with one or more Partner Links. Through the Olyn Media Partner Portal, you may also have access to certain promotional materials, which may include banners, graphics, images, videos, or text links (collectively, “Promotional Materials”). You agree to use only the Partner Links and Promotional Materials provided by the Creator via Olyn Media Partner Portal, or as otherwise expressly approved by the Creator in writing. Any use of unauthorized links or materials is strictly prohibited and may result in immediate termination from the Program and forfeiture of earned Commissions.
4. The Program and Commission Determination
4.1 Program Overview
4.1 Commission Overview
Under the Program, you will earn a Commission on each Qualified Purchase made through your unique Partner Link. The exact Commission rate and conditions will be determined by the Creator at the time you receive your personalized Partner Link or upon any subsequent changes communicated to you. Unless otherwise specified in writing:
Base Commission on Every Sale: The Creator sets the percentage of the sale price you will earn on each Qualified Purchase made through your Partner Link. This percentage may vary based on arrangements with the Creator and can be changed at the Creator’s discretion.
Passive Earnings Through Referral Networks: If enabled by the Creator, you may continue to earn a percentage of future sales generated by secondary referrals. As customers who purchased through your Partner Link share their own referral links, and those referrals result in Qualified Purchases, your network and earnings may grow accordingly.
4.2 Merchant of Record
The merchant of record for processing and fulfilling Qualified Purchases will be identified at the time of the transaction. This merchant of record may be:
The Creator as Merchant of Record: The Creator may be the direct merchant of record. In such cases, the Creator is responsible for paying Commissions directly to you according to the agreed terms. Olyn acts as a facilitator of the Program but does not pay the Commission directly in this scenario.
Olyn as Merchant of Record on Behalf of the Creator: In other cases, Olyn may act as the merchant of record on behalf of the Creator. Olyn will handle the transaction and pay the Commission to you on terms aligned with the Program, as communicated through the Olyn Media Partner Portal or via written notice.
4.3 Commission Eligibility and Criteria
To qualify for Commissions:
The Referred User’s action must be a Qualifying Purchase or Qualifying Action as defined and periodically updated by Olyn and/or the Creator.
The Referred User’s activity must be properly tracked through Olyn’s Tracking System using your Partner Link.
The Referred User must comply with Olyn’s Terms of Service and must not engage in activities leading to refunds, cancellations, chargebacks, or suspensions.
You must have an active Olyn account in good standing at the time Commissions are processed.
Olyn or the Creator reserves the right to withhold initial Commission payments if they suspect questionable activity until the legitimacy of Referred Users is verified.
4.4 Commission Plan Adjustments
The Creator reserves the right to modify Commission rates and structures at any time, including both the initial sale Commission and any passive referral percentages. Any such changes will be communicated through the Olyn Media Partner Portal or via email. Your continued participation in the Program after notice of such changes constitutes your acceptance of the revised terms.
4.5 Commission Payments
Subject to the terms herein, Commissions will typically be issued upon your withdrawal request, provided that the applicable merchant of record (Olyn or the Creator) confirms all criteria have been met. A minimum Commission threshold (e.g., $100) may apply for certain countries or regions. No withdrawal will be available until this threshold is met.
4.6 Payment Conditions and Currencies
Payments will be made in U.S. dollars (USD), unless otherwise agreed in writing. You are solely responsible for providing accurate payment and tax information. The paying party (Olyn or the Creator, depending on the merchant of record) may deduct wire or conversion fees and reserves the right to vary payment methods.
5. Order Processing and Tracking
Olyn handles all aspects of Referred User engagement, including order processing, cancellation, and fulfillment of services. Olyn’s Tracking System is authoritative in determining the volume, timing, and legitimacy of Referred User actions and corresponding Commissions. It is your responsibility to ensure that all Partner Links are properly implemented.
6. Taxes and Address Changes
You are responsible for any taxes due on Commissions earned. You must provide Olyn with accurate tax and payment information, and promptly update Olyn of any changes to your address, contact information, or tax details. Olyn may withhold payment until such information is provided.
7. Referred Affiliates and Sub-Affiliates
Where permitted, and subject to Olyn’s approval, you may refer additional Partners (“Sub-Affiliates”). You may earn additional Commissions related to Sub-Affiliate activity under terms agreed upon with Olyn. Olyn reserves the right to accept, reject, or terminate any Sub-Affiliate relationship.
8. Obligations and Conduct
8. Obligations and Conduct
8.1 General Conduct
As a Partner, you agree to conduct yourself in a professional, lawful, and ethical manner at all times. Your participation in the Program and any activities related to promoting Olyn, the Creator, or their content must not adversely affect the reputation or goodwill of Olyn, the Creator, or the Program.
8.2 Compliance with Laws and Regulations
You shall comply with all applicable federal, state, local, and international laws, rules, and regulations, including but not limited to those relating to consumer protection, data privacy, online marketing, intellectual property, and advertising. This includes adherence to the Federal Trade Commission (FTC) guidelines on endorsements and testimonials, as well as any other applicable regulatory guidelines. You must clearly disclose the nature of your relationship with Olyn and/or the Creator (e.g., stating that you may receive compensation for referrals).
8.3 Prohibited Activities
You shall not engage in any of the following activities (collectively, “Prohibited Activities”):
Deceptive or Misleading Practices: Presenting false, deceptive, or misleading information about Olyn, the Creator, the content, or any promotions offered. This includes making unsubstantiated claims, misrepresenting pricing or product features, and using bait-and-switch tactics.
Spam and Unsolicited Communications: Sending unsolicited bulk emails, text messages, social media messages, or other forms of spam. All marketing communications must be to recipients who have given express and informed consent, comply with applicable anti-spam laws, and include clear opt-out instructions.
Intellectual Property Infringement: Using copyrighted materials, trademarks, or other intellectual property of Olyn, the Creator, or any third party without proper authorization. Modifying, altering, or creating derivative works of any Promotional Materials or other content provided without prior written approval is strictly prohibited.
Fraudulent Traffic and Artificial Manipulation: Employing bots, scripts, fake accounts, stolen payment methods, click-farms, or any other methods to artificially generate impressions, clicks, views, referrals, or Qualified Purchases. You shall not use cookie stuffing, hidden redirects, or any other form of traffic manipulation intended to deceive Olyn, the Creator, or users.
Illegal, Harmful, or Offensive Content: Promoting or associating Olyn or the Creator’s content with materials deemed unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, hateful, or otherwise objectionable. This includes content that is discriminatory on the basis of race, ethnicity, religion, gender, sexual orientation, disability, age, or any other characteristic protected by law.
Unauthorized Incentives and Kickbacks: Offering unauthorized rewards, credits, rebates, or incentives to users in exchange for clicking on your Partner Link or completing a Qualified Purchase unless expressly approved in writing by the Creator or Olyn.
8.4 Transparency and Disclosure
You must clearly and conspicuously disclose your relationship as a Partner to Olyn and/or the Creator whenever you post or share materials that could be perceived as an endorsement. Disclosures should be made proximate to the promotional content and in a manner that is easily understandable by the intended audience.
8.5 Brand Integrity and Consistency
You must use any Promotional Materials in a manner consistent with any brand guidelines provided by Olyn or the Creator. You shall not modify logos, images, or trademarks in a way that could cause confusion or diminish the value of Olyn or the Creator’s brand. All representations should accurately reflect the nature and quality of the streaming content or services.
8.6 Monitoring and Cooperation
Olyn and/or the Creator reserves the right to review, monitor, and audit your promotional activities at any time to ensure compliance with this Agreement. You agree to cooperate with Olyn and the Creator in any investigation related to your compliance with these terms, and promptly provide any requested information, documentation, or access needed to verify adherence.
8.7 Consequences of Non-Compliance
Any breach of these Obligations and Conduct terms may result in immediate termination of your participation in the Program, forfeiture of accrued Commissions, and any other remedies available to Olyn or the Creator by law or in equity. Olyn and the Creator reserve the right, at their sole discretion, to take legal action and/or pursue damages for any losses or harm caused by your non-compliance.
9. Olyn and Creator Responsibilities
Olyn provides the Partner Links, processes Referred User actions, and tracks Commissions. The Creator may supply Promotional Materials via the Olyn Media Partner Portal or approve marketing materials. Olyn’s and the Creator’s policies, pricing, and terms may change at any time, and you are responsible for staying informed about updates.
10. Policies and Pricing
Referred Users are subject to Olyn’s Terms of Service, Privacy Policy, and other applicable rules. Olyn may modify its product offerings, pricing, and policies at its discretion. Your marketing must accurately reflect current Olyn information.
11. Emails, Publicity, and Anti-Spam
You may not send unsolicited bulk communications or engage in deceptive marketing. All promotional emails must comply with applicable laws (e.g., CAN-SPAM Act). You must disclose your affiliate relationship in accordance with FTC guidelines when promoting Olyn or the Creator’s content.
12. Intellectual Property Rights
12.1 Olyn and Creator Marks
You receive a non-exclusive, non-transferable, revocable license to use Olyn’s and the Creator’s trademarks and Promotional Materials solely for your participation in the Program and according to this Agreement’s terms. You may not alter or misuse any marks or materials.
12.2 Partner Marks
You grant Olyn and the Creator a non-exclusive, royalty-free license to use your trademarks, trade names, and logos for promotional purposes related to the Program, unless you revoke such permission in writing.
13. Term and Termination
13.1 Term
This Agreement begins upon Olyn’s acceptance of your application and continues until terminated.
13.2 Termination by Either Party
Either party may terminate this Agreement with or without cause by providing fourteen (14) days’ prior written notice.
13.3 Immediate Termination
Olyn may terminate this Agreement immediately if you breach these terms or engage in Prohibited Activity. Upon termination, you must cease using Partner Links and Promotional Materials, and Olyn may withhold accrued Commissions if obtained through non-compliant means.
14. Modifications
Olyn may modify this Agreement at any time by posting revisions to the Olyn Media Partner Portal or sending notice via email. Changes take effect upon posting or notice. Your continued participation after changes are announced constitutes acceptance of the revised terms.
15. Disclaimers
Olyn makes no warranties regarding the Program or Promotional Materials. The Program is provided “AS IS” and “AS AVAILABLE.” Olyn disclaims all implied warranties, including merchantability and fitness for a particular purpose, and does not guarantee uninterrupted or error-free service.
16. Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY LAW, OLYN, ITS AFFILIATES, AND THE CREATOR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT OR THE PROGRAM. OLYN’S TOTAL LIABILITY SHALL NOT EXCEED THE COMMISSIONS PAID TO YOU IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.
17. Relationship of the Parties
You and Olyn are independent contractors. Nothing in this Agreement creates a partnership, agency, joint venture, franchise, or employment relationship. You have no authority to make representations or enter into agreements on Olyn’s or the Creator’s behalf.
18. Representations and Warranties
You represent and warrant that you are legally authorized to enter this Agreement and that your participation and promotional activities do not infringe any third-party rights or violate any laws.
19. Indemnification
You agree to indemnify, defend, and hold harmless Olyn, its affiliates, and the Creator, along with their respective directors, officers, employees, and agents, from any claims, damages, losses, liabilities, and expenses (including attorneys’ fees) arising out of your breach of this Agreement, violation of law, or infringement of any rights.
20. Confidentiality
Any non-public information provided by Olyn or the Creator is confidential. You agree not to disclose or use such information except as necessary for your participation in the Program, unless otherwise required by law.
21. Governing Law and Jurisdiction
This Agreement is governed by the laws of New York, without regard to conflict of law rules. Any disputes shall be brought exclusively in the state or federal courts located in New York, United Stetes. You irrevocably consent to the jurisdiction of such courts.
22. Entire Agreement and Waiver
This Agreement, together with Olyn’s Terms of Service and Privacy Policy, constitutes the entire understanding between the parties. No waiver of any term or condition will be effective unless in writing and signed by both parties.
BY SUBMITTING THE PARTNER REGISTRATION FORM OR CONTINUING TO PARTICIPATE IN THE PROGRAM, YOU AGREE TO THE ABOVE TERMS AND CONDITIONS.