Terms of service

These terms are an agreement between you and Software Automated Ltd, a company registered in England and Wales (company number 17024080, registered office 20 Wenlock Road, London, N1 7GU, England) that runs ViralPayouts (“we”, “us”). They apply to everyone who uses viralpayouts.com: brands that run a partner program, partners who promote a brand, and partners who recruit other partners.

Each program also has its own agreement between the brand and its partners, which the partner accepts before getting a link. How those work, and what no brand can change, is on Program terms. Where these terms and a program's terms differ about ViralPayouts' own role, these terms apply. The acceptable use policy and, for brands, the data processing agreement are part of these terms. How we handle personal data is in the privacy policy. All of them are listed on Legal.

ViralPayouts is software for two-level partner programs. A brand sets a commission for partners and, if it chooses, an override for the partner who recruited them. We record clicks, match the sales the brand reports to partners, keep the ledger, invoice the brand, and pay partners and recruiters for the brand with the money the brand pays in.

We are not a party to any sale between a brand and its customers, we do not employ partners, and we do not decide whether a sale is valid: the brand approves or rejects each sale under its program's terms.

• You must be at least 18 and give true details. A partner may hold only one account.
• Brand users sign in with an email and password and can turn on two-step sign-in. Partners sign in with one-time links sent to their email. Keep your email account and password safe: you are responsible for what is done with your sign-in.
• A brand's owners decide who is on its team and with which role (owner, manager or viewer).
• A new brand starts as pending. It can build and test programs, but a program goes live only once we have reviewed and activated the brand.

• You set your program within the limits in Program terms, and those settings are printed into the agreement your partners accept. Once you have approved partners, an increase applies at once and a change that leaves them worse off takes effect 3 business days after you save it. Either way they are emailed.
• You report sales and refunds truthfully and promptly, through Stripe, Shopify or our event API. On the live network a program goes live only after one signed event has proved your tracking works.
• You approve or reject each sale. Before a commission is payable you may reject it only for one of the listed reasons; once it is approved and past its hold, only for fraud. A refund you report reduces the commission in proportion at any time.
• You are responsible for your products, your customers, your own taxes and the rules you write for your partners.

Our fee is a percentage of what your program pays its partners (commissions plus recruiter overrides) in a calendar month (UTC), added on top of those payouts: 10% up to $1,000, falling to 3% at $10,000. The rate depends on the month's total and applies to the whole month. Partners pay us nothing.

• The fee schedule in force at a month's first sale prices the whole month, and it is recorded on every sale. We email you at least 7 days before a change to our fee takes effect, and a change never re-prices a sale already made.
• A refund or reversal reduces our fee with the commission. Test sales carry no fee.
• Programs paying partners $100,000 a month or more may agree a custom rate with us in writing. A custom rate is recorded on the program and, like any change of rate, never re-prices a sale already made.

Today's schedule, with a calculator, is on Pricing. How it is worked out is in the fees guide.

Brands are invoiced on the 1st and 16th; partners are paid as soon as the brand pays, at the latest on the 13th or 28th.

• You can pay an invoice online through Whop (bank debit, for US dollar programs) or by bank transfer quoting the invoice number.
• We never pay your partners more than you have paid in. If an invoice is unpaid, your partners' payouts wait, and partners see that the program is not funded.
• Money you pay in is held to pay your partners and our fee. A balance left over stays on your program and is set against your next invoice.

• You appoint us as your agent for one limited purpose: to receive the money you pay for your partners and recruiters, and to pay it to them for you. We do not act for you in anything else, and we do not sell your products.
• The commissions and overrides are owed by you to your partners. Once we send a payout to a partner's payout account, your obligation to pay that amount is met.
• Money you pay for your partners is used only to pay them, and our fee only as shown on your invoice. We do not pay interest on it and we never lend or invest it.
• If you stop using ViralPayouts, money you paid in for commissions already payable is still paid to your partners; any balance left after that is returned to you.

• You accept each program's terms when you join it, and promote only as those terms allow. You must say you may be paid, before the reader clicks.
• You promote as an independent business, not as an employee or agent of the brand or of ViralPayouts, and you are responsible for your own costs.
• You earn the commission on approved sales credited to you. As a recruiter you earn the program's override on your recruits' approved sales, and lose it when their commission is reversed. Nobody is paid for sign-ups, and there are two levels only.
• A commission becomes payable when the brand has approved it and its hold has passed (15 days after the sale by default, never more than 30). Balances below the program's minimum carry forward.
• Your commissions are owed by the brand. We pay them for the brand, from the money the brand has paid in; we do not pay them from our own money if a brand does not pay.
• We pay you through Whop once you connect a Whop payout account and have confirmed your email. Whop charges you its own fee to withdraw to your bank. If you cannot be paid through Whop, the brand pays you by bank transfer.
• Once your earnings in a calendar year reach the threshold shown in your portal, payouts wait until you file a tax form. You are responsible for your own taxes.
• A refund or chargeback reported after you were paid is recovered from your future earnings in that program.

• Fake clicks, sales, leads or accounts, and buying through your own link.
• Spam, misleading claims about a brand, and traffic sources a program bans.
• Testing or attacking the live service without our written permission, or reading data that is not yours.
• Using ViralPayouts for anything unlawful, including products you may not legally sell or promote.

The full rules, including which products may never have a program and how to disclose that you may be paid, are in the acceptable use policy.

A minor breach of a program's terms gets a warning and 7 days to fix it. A serious breach removes a partner from the program; commissions from the breach are reversed and the rest of the balance is held for up to 30 days while it is reviewed, then paid. Fraud anywhere can remove a person from every program on ViralPayouts. A partner can appeal within 14 days by replying to the email that told them.

• Keep your signing secrets and API keys secret. Anything signed with them is treated as coming from you. Rotate a secret at once if it leaks.
• We limit how many requests the API accepts. Changes to the API are listed on the changelog.
• On our test networks (testnet and devnet) everything is simulated: no real money moves, and data there may be deleted at any time.

We handle personal data as our privacy policy describes. Where a brand sends us its customers' details, or people follow its partners' links, we process that data for the brand under the data processing agreement, which is part of these terms.

• We may suspend a brand or a partner who breaks these terms, puts others at risk, or does not pay. A suspended brand's programs are paused.
• A partner can delete their account from the portal once nothing is owed to them. A brand can stop a program at any time by pausing it; commissions already payable must still be funded and are still paid.
• Sections on fees owed, payouts owed, conduct and liability continue after an account ends.

We work hard to keep ViralPayouts accurate and available, but it is provided as it is, and we do not promise it will never be interrupted or contain errors. If we make a mistake in the ledger we will correct it, and a correction can go either way.

Nothing in these terms limits liability that the law does not allow us to limit, such as for fraud or for death or personal injury caused by negligence. Otherwise, we are not liable for lost profits, lost sales or indirect losses, and our total liability to a brand in any 12 months is limited to the fees that brand paid us in those 12 months. Partners' earnings owed under a program are not limited by this section.

We may change these terms, the acceptable use policy and the data processing agreement. We will publish the new version here with a new date. If a change takes away a right you have or adds a cost, we will email you at least 30 days before it takes effect; changes required by law or to stop fraud can take effect sooner. If you do not agree, you can stop using ViralPayouts before the change takes effect. Using ViralPayouts after that means you accept it.

A change to our fee never re-prices a sale already made (section 5).

These terms are governed by the law of England and Wales, and the courts of England and Wales decide disputes, except that a consumer may also use the courts where they live.

Questions, notices and complaints: max@viralpayouts.com. How fees and payout dates are worked out: the fees guide and the payouts guide.