Worth.it Terms of Service

Last Updated: [DATE] — TODO

PLEASE READ THESE TERMS CAREFULLY BEFORE USING WORTH.IT. THIS IS A DRAFT TEMPLATE AND HAS NOT BEEN REVIEWED BY AN ATTORNEY. DO NOT PUBLISH OR RELY ON THIS DOCUMENT WITHOUT LEGAL REVIEW.

1. Agreement to Terms

These Terms of Service ("Terms") govern your access to and use of Worth.it (the "Platform"), operated by [LEGAL ENTITY NAME] — TODO, a [STATE] — TODO [LLC/Corporation] — TODO ("Worth.it," "we," "us," or "our"). By creating an account or otherwise using the Platform, you agree to be bound by these Terms. If you do not agree, do not use the Platform.

You must be at least 18 years old (or the age of majority in your jurisdiction) to create an account.

2. Description of Service

Worth.it is a platform that connects two types of accounts:

Promoters ("Users"): individuals who create a public profile page to recommend products and earn commission when their recommendation results in a sale.
Businesses: companies or brands that list products for Promoters to recommend, and that approve or deny individual Promoter applications at their sole discretion.

Worth.it provides tracked links and related tools to help attribute sales to a specific Promoter, and facilitates the resulting commission payment as described in Section 4.3. Worth.it is not a party to the underlying sale between a Promoter's audience and a Business, and does not itself sell, ship, warrant, or take title to any product — Worth.it's role with respect to that underlying sale is limited to tracking and attribution. Worth.it's role with respect to the commission payment itself is described in Section 4.3 and is subject to that section's pending legal review.

3. Accounts

3.1 Registration

You must provide accurate, current, and complete information when creating an account and keep that information up to date. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account.

3.2 Account Types

User (Promoter) Accounts may create a public profile page, apply to promote Business-listed products, and track their own click and earnings data.
Business Accounts may list products, review and approve or deny Promoter applications at their sole discretion, and view performance data related to their listed products.

3.3 Eligibility and Approval

Businesses have sole discretion to approve, deny, or remove any Promoter's application to promote their products. Worth.it does not guarantee that any Promoter application will be approved, or that any approved relationship will continue indefinitely.

4. Commission, Tracking, and Payment

4.1 How Commission Works

When a Promoter is approved to promote a product, Worth.it generates a unique tracked link for that Promoter/product pairing. A sale is eligible for commission when it is attributed to that Promoter's tracked link and confirmed according to the process described in Section 4.2 and the Commission & Sale Confirmation Addendum, which is incorporated into these Terms by reference.

4.2 Sale Confirmation (Current Process)

During the current phase of the Platform, sales are confirmed manually by the Business rather than through automated integration with the Business's checkout system. Promoters acknowledge that this manual process may result in delays, disputes, or errors in attribution, and that Worth.it is not responsible for a Business's failure to accurately or timely confirm a sale.

4.3 Payment

Worth.it facilitates commission payments through a third-party payment processor (currently Stripe, via Stripe Connect). When a payout is approved, the Business's payment method on file is charged for the applicable commission amount, and that amount is processed through Worth.it's account with the payment processor before being paid out to the Promoter's connected account with the payment processor. Worth.it does not itself hold, invest, or use these funds for any purpose other than passing them through to the Promoter, but funds may briefly be reflected in Worth.it's account with the payment processor as part of this process. [THIS ENTIRE SECTION MUST BE REVIEWED AND FINALIZED BY COUNSEL before publication. Counsel should confirm (a) whether this payment flow qualifies for a money-transmitter licensing exemption given the specific processor configuration in use, (b) the precise language used here to describe the flow, and (c) any additional disclosures required (e.g., regarding the processor's own terms, or Worth.it's role as a payment facilitator rather than a bank or money transmitter). Do not treat the language above as final — it is a placeholder reflecting the actual technical flow, pending counsel's review.]

4.4 Taxes

Each Promoter and Business is solely responsible for determining and paying any taxes owed on amounts earned or paid through relationships formed on the Platform.

5. Promoter Conduct and Disclosure Obligations

5.1 Truthful Promotion

Promoters agree to represent products honestly and not to make claims about a product that the Business has not authorized or that are false or misleading.

5.2 Required Disclosure

Promoters are solely responsible for complying with all applicable advertising disclosure laws, including but not limited to U.S. Federal Trade Commission (FTC) guidance on endorsements and material connections. This includes clearly and conspicuously disclosing that a link is an affiliate/commission link (e.g., "#ad," "#affiliate," "I earn a commission if you buy through this link") in any post, bio, or verbal recommendation referencing a tracked link. Failure to comply with disclosure obligations may result in suspension or termination of a Promoter's account.

5.3 Prohibited Conduct

Promoters and Businesses agree not to: engage in click fraud or artificially inflate clicks or sales; misrepresent their identity, audience, or affiliation; use the Platform for any unlawful purpose; or attempt to circumvent Worth.it's tracking or attribution systems.

6. Business Obligations

Businesses represent that they have the right to sell and to authorize promotion of any product they list, and that product listings, pricing, and commission terms provided to Worth.it and to Promoters are accurate. Businesses are solely responsible for fulfilling any order, for product quality and safety, and for compliance with all laws applicable to the sale of their products.

7. Third-Party Links and Sites

The Platform contains links to third-party Business websites that are not owned or controlled by Worth.it. We are not responsible for the content, privacy practices, or terms of any third-party site. Any purchase made on a Business's site is subject to that Business's own terms and policies.

8. Intellectual Property

Promoters retain ownership of content they create (such as their profile page content), but grant Worth.it a non-exclusive, royalty-free license to display that content on the Platform. Businesses retain ownership of their product content and branding, and grant Worth.it and approved Promoters a limited license to use that content solely to promote the listed products.

9. Disclaimers

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WORTH.IT DOES NOT GUARANTEE ACCURATE ATTRIBUTION, UNINTERRUPTED SERVICE, OR ANY LEVEL OF EARNINGS FOR ANY PROMOTER.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WORTH.IT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR COMMISSION, ARISING OUT OF YOUR USE OF THE PLATFORM. [Liability cap language and carve-outs should be set by counsel based on entity structure and insurance coverage.] — TODO

11. Indemnification

You agree to indemnify and hold harmless Worth.it and its officers, employees, and agents from any claim arising out of your breach of these Terms, your content, or your violation of any law or third-party right.

12. Termination

We may suspend or terminate your account at any time for violation of these Terms. You may stop using the Platform and close your account at any time.

13. Dispute Resolution

Governing Law: These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to conflict of law principles. [CONFIRM WITH COUNSEL — Massachusetts reflects the founder's location and current entity/user base; revisit if operations expand to other states.] — TODO

Dispute Resolution Mechanism: [PLACEHOLDER — TO BE DRAFTED BY COUNSEL. This section should specify whether disputes are resolved through litigation or binding arbitration, and if arbitration, should include the arbitration provider/rules, and whether a class-action/collective-action waiver applies. Given the platform's consumer-facing, many-users structure, arbitration with a class-action waiver is the common approach for platforms of this type, but the specific enforceable language — and any state-specific consumer-protection carve-outs — must be drafted by counsel, not templated.] — TODO

14. Changes to These Terms

We may update these Terms from time to time. We will provide notice of material changes, and continued use of the Platform after changes take effect constitutes acceptance of the revised Terms.

15. Contact

Questions about these Terms can be sent to [CONTACT EMAIL] — TODO.

This document is a draft template only and does not constitute legal advice. Consult a licensed attorney before publishing or relying on these Terms.