Terms and Conditions for OM Ambassadors

OM Ambassador Agreement

Thank you for joining the OM platform as an OM Ambassador. This Agreement outlines the terms and conditions governing your participation in our referral program.

1. Definitions

"OM Ltd." means the company that owns and operates the OM Platform, including OM Health Hub.
"OM Platform" means the online platform operated by OM Ltd., including but not limited to the OM Health Hub www.omhealthhub.com.
"OM Health Hub" means the online platform where Sessions are provided to Users.
"Services" means the promotion of Sessions by OM Ambassadors on the OM Platform.
"Session(s)" means the recorded or live video sessions provided on the OM Platform.
"OM Ambassador" means the individual promoting Sessions of the OM Platform.
"User" means any individual who accesses or uses the OM Platform, whether registered or unregistered.

2. Status

2.1 You will be an independent contractor, and nothing in this Agreement shall render you an employee, worker, agent, or partner of OM Ltd., nor shall you hold yourself out as such.

2.2 OM Ltd. acknowledges that you may have other business, trade, profession, or occupation, and that the Services are ancillary to these. OM Ltd. will not be involved in any consultations related to your other occupations.

2.3 You shall be fully responsible for and indemnify OM Ltd. against any liability, assessment, or claim for:

(a) taxation arising from or made in connection with the performance of the Services, where such recovery is not prohibited by law; and
(b) any employment-related claim or any claim based on worker status brought by you or any substitute against OM Ltd. arising out of or in connection with the provision of the Services, except where such claim results from any act or omission by OM Ltd.

2.4 You agree to promptly inform OM Ltd. of any potential conflicts of interest that may arise due to your other business, trade, profession, or occupation.

2.5 You are responsible for your own insurance, including but not limited to professional indemnity insurance, and for paying taxes arising from the performance of the Services.

3. Intellectual Property

3.1 All Sessions and related content on the OM Health Hub are owned by OM Ltd.

3.2 OM Ltd. grants you a non-exclusive, revocable license to use OM Health Hub’s branding, logos, and other intellectual property solely for promoting the Sessions. This license will automatically terminate upon the termination of this Agreement.

4. Services

4.1 You will have free access to all Sessions on the OM Platform.

4.2 You will promote Sessions or the OM Health Hub using a special referral code or tracking link provided by OM Ltd.

4.3 You will earn 20% of the revenue generated from Sessions purchased through your referral code or link.

4.4 You agree to use reasonable efforts to promote the Sessions and OM Health Hub, including maintaining regular promotional activities on your social media platforms.

5. Referral Tracking and Attribution

5.1 Referrals will be tracked through unique referral codes or tracking links provided to you by OM Ltd. It is your responsibility to ensure that these codes or links are correctly used in your promotional activities.

5.2 OM Ltd. will attribute referrals to your account based on the use of your unique referral code or tracking link by Users. In the event of any disputes over referral attribution, OM Ltd. will review relevant data and make a final determination in good faith.

5.3 OM Ltd. will provide you with access to a dashboard or regular reports where you can track the performance of your referrals, including the number of sessions purchased using your referral code or link.

6. Fees and Payout Conditions

6.1 Payments will be made in the currency specified in your OM Ambassador Profile on a monthly basis.

6.2 Payments will only be made once the total revenue generated from your referrals reaches a minimum threshold of 20USD. If the threshold is not met within a given month, the amount will roll over to the next month.

6.3 OM Ltd. reserves the right to withhold payments if there is any suspicion of fraudulent activity or violation of this Agreement. OM Ltd. will notify you if any such investigation is initiated.

6.4 Payments will be made via bank transfer to the account specified in your OM Ambassador Profile. OM Ltd. will cover any standard transaction fees, but any additional charges due to incorrect banking information provided by you will be deducted from your payment.

6.5 OM Ltd. will provide regular accounting and transparency regarding revenue sharing. You may request a detailed breakdown of your revenue share, and OM Ltd. will address any disputes or requests for clarification within a reasonable timeframe.

7. OM Ltd.'s Responsibilities

7.1 OM Ltd. will provide you with free access to the OM Health Hub and create a special code or tracking link for you to promote the OM Health Hub and Sessions.

7.2 OM Ltd. will submit a record of your share of profits in the OM Health Hub and recorded Sessions. OM Ltd. shall endeavour to settle it within 15 business days via bank transfer.

8. Promotional Materials and Prohibited Activities

8.1 You will promote the OM Health Hub and Sessions on your own social media pages, including but not limited to Facebook, Instagram, LinkedIn, and YouTube, and will tag the OM Health Hub in such promotions.

8.2 You may also promote your own activities to your followers and networks for potential collaboration opportunities.

8.3 You agree not to engage in any activities that could be considered unethical or fraudulent in promoting the OM Health Hub, including but not limited to:

Spamming or sending unsolicited messages.
Misrepresenting the features or benefits of OM Health Hub

8.4 Any violation of this clause may result in immediate termination from the referral program and forfeiture of any unpaid referral earnings.

9. Non-Prescription and Non-Diagnosing Platform

9.1 OM Ltd. acknowledges that it is a non-prescription and non-diagnosing platform. OM Ltd. will not provide any medical prescriptions, diagnoses, or treatment plans to its Users.

9.2 OM Ltd. will clearly communicate to its Users in the Terms and Conditions that the information provided on the OM Platform is for educational and informational purposes only and should not be considered as medical advice, diagnosis, or treatment.

9.3 You understand and acknowledge that the OM Platform is not intended to be a substitute for professional medical advice, diagnosis, or treatment. It is solely for informational purposes.

9.4 You shall refer any questions or concerns regarding medical conditions, diagnoses, or treatments to qualified healthcare professionals or appropriate medical authorities.

9.5 You agree not to provide any medical advice, diagnoses, or treatment recommendations in your capacity as an OM Ambassador.

10. Term and Termination

10.1 This Agreement shall commence on the date the OM Ambassador Profile is submitted and shall continue until terminated by either party.

10.2 Either party may terminate this Agreement by providing 15 days' written notice to the other party. Termination will be effective immediately upon receipt of the notice or on a date specified in the notice.

10.3 Upon termination, you will lose access to the OM Health Hub and the special code provided to you within 15 days.

10.4 Upon termination, you agree to immediately cease all promotional activities related to OM Health Hub and return any materials provided by OM Ltd. within 15 days. You also agree to remove any OM Health Hub-related content from your social media platforms, websites, or other channels, unless otherwise agreed upon in writing by OM Ltd.

10.5 If the referral program is terminated by OM Ltd., you will be paid for any referrals made up until the termination date, provided that the minimum payout threshold has been met.

11. Compliance with Laws and Regulations

11.1 You agree to comply with all applicable local, national, and international laws and regulations in promoting OM Health Hub, including but not limited to data protection laws, advertising standards, and anti-spam regulations.

11.2 You acknowledge that any violation of these laws or regulations may result in legal consequences and the immediate termination of your participation in the OM Ambassador program.

12. Tax Obligations

12.1 You are solely responsible for determining, collecting, reporting, and remitting any applicable taxes arising from your participation in the OM Ambassador program, including income tax, VAT, or any other taxes.

12.2 OM Ltd. will provide you with necessary documentation, such as payment summaries, to assist you in fulfilling your tax obligations.

13. Confidentiality

13.1 You agree to keep confidential any proprietary information, including but not limited to business plans, marketing strategies, and user data, that is shared with you as part of your participation in the OM Ambassador program.

13.2 This obligation of confidentiality will survive the termination of this Agreement.

14. Dispute Resolution

14.1 In the event of any disputes arising from this Agreement, the parties agree to first attempt to resolve the matter through good-faith negotiations.

14.2 If the dispute cannot be resolved through negotiation within 30 days, the parties agree to proceed with arbitration in accordance with the Hong Kong International Arbitration Centre (HKIAC) Arbitration Rules.

15. General

15.1 This Agreement constitutes the entire agreement between the parties and supersedes all previous agreements, understandings, and arrangements relating to its subject matter.

15.2 This Agreement is governed by and construed in accordance with the laws of Hong Kong.

15.3 Any amendments to this Agreement must be made in writing and signed by both parties.

15.4 If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.