Referral Program
Effective July 9, 2026
OfferLab may offer you an opportunity to participate in the OfferLab Referral Program ("Affiliate"), wherein you have the opportunity to earn Commissions for referring new customers to OfferLab products, services, or accounts. OfferLab reserves the sole and exclusive right to determine the amount of remuneration each Affiliate will receive in exchange for their efforts. See also OfferLab's Terms of Service, and Privacy Statement, which apply to you in your role as an Affiliate, unless otherwise expressly provided for.
This OfferLab Referral Program Agreement ("Agreement") governs your application for, and any subsequent participation in, OfferLab's Referral Program ("Program"). By signing up for an OfferLab account and your continued use of your OfferLab account, you accept the terms of this Agreement, and indicate that you have read and understood this Agreement, and agree to be bound by its terms.
1. Definitions
"Affiliate" means any user of the OfferLab platform who participates in the Referral Program by promoting, marketing, or otherwise referring potential customers to OfferLab products or services. Affiliates are eligible to earn Commissions in accordance with the terms of this Agreement and the policies established by OfferLab.
"Cookie Duration" means the period during which an Affiliate's link is eligible to receive Commission credit for a referred sale. OfferLab uses a "last cookie wins" system, and Affiliate tracking cookies expire twelve (12) months from the date of the customer's click.
"Commission" means the payment earned by an Affiliate for a Qualified Sale of a Seller's product or service through the Affiliate's promotional efforts, calculated and paid in accordance with the Commission and payout process outlined herein.
"Hold Period" means the thirty (30)-day period following a transaction during which Commissions are pending and may be voided due to refunds, chargebacks, or cancellations.
"Instant Payout" means a Stripe feature that lets Sellers receive their sales proceeds immediately in their linked bank account.
"Invited User" means a new user who joins OfferLab through a Referrer's unique invite link.
"Net Transaction Amount" means the gross sale amount of a product or service, less applicable platform fees, processing fees, taxes, refunds, and chargebacks, as determined by OfferLab.
"Program" means the OfferLab Referral Program, which provides a mechanism for Affiliates to earn Commissions by promoting Seller products or services in accordance with the terms of this Agreement.
"Qualified Sale" means a sale of a Seller's product or service, through an Affiliate's promotional efforts, that is not refunded, canceled, or subject to a chargeback within the applicable Hold Period, and for which the Affiliate has a valid payout account established within six (6) months of the transaction.
"Referrer" means a user who invites another person to join OfferLab, becoming that person's Second-Tier Affiliate.
"Second-Tier Affiliate" means a Referrer who earns a Commission when an Invited User — or a subsequent user referred by that Invited User — generates a Qualified Sale or Commission under the Second-Tier Affiliate Program established by this Agreement.
"Seller" means any user of the OfferLab Platform who lists, markets, or sells products or services through OfferLab. Sellers have sole discretion to set prices and determine any applicable Commission rates payable to Affiliates, and are solely responsible for collecting and remitting any applicable taxes, fees, or other charges associated with their products or services.
"Stripe Balance" means the funds available in a user's Stripe account from sales or Commissions, which may be paid out or spent via the issued card.
"Stripe Financial Account" means a virtual account issued via Stripe Treasury for U.S. users, enabling receipt of funds and access to an issued card.
2. The program
2.1.Parties. All references to "OfferLab" herein means and refers to Etison LLC, doing business as OfferLab. All references to "You" and "Your" mean and refer to the person or entity who has executed this Agreement. OfferLab and You are each referred to herein as a "Party," and collectively as the "Parties." You agree to notify us in writing if the legal name of your business or account ownership changes within twenty-four (24) hours of such change and You certify that all such information is truthful and accurate. Notice of such changes should be sent to support@offerlab.com. You further agree that Your account may not be sold, pledged, transferred, assigned, attributed to, or otherwise used, directly or indirectly, by any person or entity other than the sole individual who executed this Agreement and is the registered account holder.
2.2.Program participation. You agree to provide all information requested by OfferLab and/or Stripe in connection with Your Affiliate activity and/or Your continued participation as an OfferLab Affiliate (including, without limitation to, tax documentation and current promotional practices and examples), and You affirm that all information that You provide is truthful, accurate, and complete (without material omission).
You understand and agree that OfferLab retains sole and exclusive discretion to determine whether You qualify for participation in OfferLab's Referral Program. Your failure to strictly adhere to this section may result in the forfeiture of Commissions at the sole discretion of OfferLab. Not everyone who requests to join OfferLab's Referral Program will qualify to participate.
2.3.Consent to be contacted. You expressly consent to be contacted at the email address and the phone number You provide to OfferLab, including through automated dialing systems, texts and artificial or pre-recorded messages, whether by OfferLab or a third-party on behalf of OfferLab. This consent is a material condition of this Agreement and may not be revoked except in writing by both Parties. You understand and agree that the foregoing method is the only reasonable method of opting out. You further agree that any other method of opting-out is not a reasonable means of opting out.
3. Compensation
3.1.Commission and payout. Commissions are earned when an Affiliate procures a Qualified Sale of a Seller's product or service, provided that the transaction is not refunded, canceled, or otherwise invalidated within the applicable Hold Period. All stated Commission percentages are calculated after deduction of platform fees and processing fees. In other words, OfferLab first deducts applicable platform and Stripe fees from a sale, and the Commission percentage is applied to the remaining amount.
Commissions first appear in the Affiliate's account as "pending" and remain so for a thirty-day Hold Period from the original transaction date. OfferLab reserves the right to extend the Hold Period, for any reason in its sole discretion, including for any suspected violation of this Agreement or fraud. After the Hold Period, Commissions are finalized and marked "available" for withdrawal, at which point they are irreversible.
OfferLab operates a cookie tracking system to attribute sales to Affiliates. The "last cookie wins" principle applies, meaning that if a customer clicks multiple Affiliate links before completing a purchase, the most recent Affiliate link will be credited for the sale. Affiliate tracking cookies have a duration of twelve (12) months from the date of the customer's click. After this twelve-month period, the cookie expires, and no Commission will be attributed for sales generated by that customer unless a new click occurs within the tracking period.
Affiliates must maintain a valid Stripe account for payouts. All Commissions must be claimed through a verified Stripe Treasury Financial Account for U.S. users, or through Stripe Global Payouts or another OfferLab-approved payout method for international users, within six (6) months of the original transaction date. Failure to provide a valid payout account within this period will result in the permanent forfeiture of all Commissions for which payment has not been issued. Payouts must meet the minimum threshold of two times the applicable transfer fee or Stripe's minimum payout threshold, whichever is greater. Please refer to OfferLab's internal documentation.
Certain countries or regions may be legally restricted for the sale or promotion of specific products or services under applicable law ("Restricted Jurisdictions"). Affiliates are prohibited from promoting offers in Restricted Jurisdictions, and any sales generated in violation of such legal restrictions will be considered invalid. Commissions related to such sales will be withheld or forfeited. Affiliates are responsible for ensuring that their promotional activities comply with all applicable local laws and regulations. Please refer to OfferLab's internal documentation.
You are responsible for ensuring that any Qualified Sales that You procure are from non-embargoed and/or non-sanctioned territories. Sales that are attributable to individuals in embargoed or Sanctioned Territories will be non-commissionable. "Sanctioned Territories" means any and all territories located at www.ofac.treasury.gov/sanctions-Programs-and-country-information, or such other territories that OfferLab designates, at its sole discretion. Additionally, any Sale procured by or sold to an individual on the Specifically Designated Nationals List located at sanctionslist.ofac.treas.gov/home/sdnlist will be non-commissionable.
Affiliates may request payouts of finalized Commissions at any time, subject to a minimum withdrawal amount of four dollars and ninety-five cents ($4.95) and a flat processing fee of four dollars and ninety-five cents ($4.95) per payout. U.S. Affiliates receive payouts through their Stripe Treasury Financial Accounts, including issued card access. Non-U.S. Affiliates are paid using alternative methods determined by OfferLab. Commission reporting is available to Affiliates through the OfferLab App under Insights > Commissions.
Sellers receive Instant Payouts of their sales proceeds directly from Stripe to their linked bank account. All transactions are viewable in the Seller's Stripe Dashboard. Sellers are responsible for ensuring compliance with applicable tax obligations, including sales tax and VAT. OfferLab may facilitate tax reporting for Affiliates and Sellers, including issuing IRS Form 1099 to qualifying U.S. Affiliates or the appropriate Form W-8 for non-U.S. Affiliates, as required by law. OfferLab may request additional documentation to satisfy financial, anti-money laundering, or tax compliance requirements.
3.2.Fees and deductions. The platform fee for all transactions on OfferLab is seven and one-half percent (7.5%), which includes allocations for Second-Tier Affiliate Commissions, when applicable. Affiliate Commission rates are set by the Seller and may range from one percent (1%) to one hundred percent (100%) of the Net Transaction Amount after deduction of platform and processing fees.
Stripe fees, including processing, billing, invoicing, managed risk, and applicable taxes, are approximately three and one-half percent (3.5%). The total application fee, which includes the platform and Stripe fees, is eleven percent (11%). All fees are subject to change without notice.
For U.S. Affiliates, the withdrawal fee is four dollars and ninety-five cents ($4.95) per payout request. For international Affiliates, the withdrawal fee is one dollar and fifty cents ($1.50) per payout plus applicable cross-border and foreign exchange fees, ranging from 0.25% to 2.25% of the payout amount. All fees are subject to change without notice.
3.3.Second-tier affiliate program. OfferLab operates a two-tier Affiliate system to reward Affiliates for referring new users to the Program. First-level referrals occur when an Affiliate directly invites a new user ("Invited User") to OfferLab. Second-level referrals occur when the Invited User subsequently invites another user. Commissions for second-tier referrals are paid from OfferLab's platform fees and do not reduce Seller payouts. Commissions do not extend beyond the second tier.
All referrals and related second-tier Commissions are attributed to the Affiliate's current Team. If an Affiliate changes Teams or joins a different Team, prior referrals and Commissions do not transfer. Only new referrals generated under the new Team assignment will be eligible for Commission.
OfferLab employs a Level system to reward higher-performing Affiliates and incentivize increased participation. Users begin at Level 1 by default. Advancement to higher Levels is contingent upon achieving specified activity or earnings thresholds. The percentages earned from second-tier referrals vary depending on whether the earnings derive from Affiliate Commissions or from Seller revenue.
3.4.Refunds and chargebacks. If a sale is refunded or canceled within the Hold Period, the related Commission is voided and will not be paid. OfferLab reserves the right to extend the Hold Period, for any reason in its sole discretion, including for any suspected violation of this Agreement or fraud. Commissions that have been paid and subsequently refunded after the expiration of the Hold Period remain with the Affiliate unless OfferLab determines that fraud, abuse, or any violation of this Agreement occurred. Affiliates and Sellers must comply with all applicable anti-fraud and compliance policies in connection with their promotional and sales activities.
3.5.Taxes and compliance. Affiliates are solely responsible for providing accurate tax documentation and for complying with all applicable tax laws in their jurisdiction. OfferLab will issue required forms and reports in accordance with U.S. and local law. Sellers are independently responsible for collection, reporting, and remittance of sales taxes, VAT, or other indirect taxes applicable to their products or services. OfferLab and its payment partners may require additional documentation from Affiliates and Sellers to comply with financial, anti-money laundering, or tax regulations.
4. General terms
4.1.Term and termination. The term of this Agreement begins when You sign up for an OfferLab account. Your participation in the Program will continue until otherwise terminated. Either Party may terminate this Agreement at any time, with or without cause, by providing thirty (30) days' written notice to the other Party.
If, in OfferLab's sole discretion, You fail, or OfferLab suspects that You have failed, to comply with any term or provision of this Agreement or the Terms of Service, or violate any applicable law in connection with Your use of OfferLab or otherwise, OfferLab may take any action it deems necessary, including, without limitation, terminating this Agreement or suspending Your access to the Program at any time without notice. In addition, if OfferLab's data indicates that You have a dispute rate greater than 2%, OfferLab may terminate this Agreement or suspend Your access to the Website at any time without notice. In such instances, and in OfferLab's sole discretion, OfferLab may terminate the relationship and suspend any accounts owned or controlled by You. For the avoidance of doubt, any violation of the required disclosure obligations shall constitute a material breach of this Agreement (see Appendix A, Section 2, Disclosure).
In the event this Agreement is canceled due to Your breach, You immediately forfeit all Commissions and any other payments owed, or that may in the future be owed, without any further liability by OfferLab. This Agreement will automatically terminate if You earn no (zero) Commissions over a consecutive 12-month period.
OfferLab reserves the right, but not the obligation, to audit, monitor, and review Your promotional practices at any time. OfferLab may take any action it deems appropriate in its sole discretion, including, without limitation, suspension or termination of Your participation in the Program and forfeiture of any unpaid Commissions.
This Agreement will be immediately and automatically terminated if You or any entity controlled by You executes an agreement with a third party that restricts You from promoting OfferLab's products or services, directly or indirectly. You are required to immediately notify OfferLab if You execute any agreement that limits Your ability to promote or continue promoting OfferLab's products or services. If OfferLab temporarily suspends Your account and blocks any pending Commissions based on this provision, You must submit an affidavit, under penalty of perjury, affirming that neither You nor any entity controlled by You is a party to any such restrictive agreement. OfferLab retains the right to deny any pending Commission payouts if it determines, in its sole discretion, that the affidavit contains false statements or material omissions/misrepresentations.
Upon termination or cancellation of this Agreement, all provisions that by their nature should survive shall survive, including, but not limited to, limitations of liability, disclaimers of warranties, indemnity obligations, mandatory arbitration and class action waiver provisions, and exceptions to arbitration. All representations and warranties made by You shall also survive termination or cancellation of this Agreement and/or Your OfferLab account. In the event of the death of an Affiliate, this Agreement and the Affiliate relationship shall automatically terminate. Any final Commissions accrued prior to the date of notification of death will be paid to the payout account on file. No further Commissions will accrue following such termination, and no additional payments will be made.
4.2.Representations and warranties. In addition to the representations and warranties set forth elsewhere in this Agreement, You represent and warrant that, as of the date of execution, there are no prior or pending government investigations, inquiries, or prosecutions against You by the Federal Trade Commission ("FTC"), any other federal or state governmental agency, or any industry regulatory authority, anywhere in the world. You also represent and warrant that there are no prior or pending private lawsuits against You relating to alleged intentional torts or alleged violations of any consumer protection or advertising laws.
If You become the subject of any such investigation, inquiry, prosecution, or lawsuit at any time after executing this Agreement, You are required to notify OfferLab within 24 hours of becoming aware of the matter. OfferLab may, in its sole and exclusive discretion, immediately terminate Your participation in the OfferLab Referral Program and terminate this Agreement based on the identified investigation, proceeding, or lawsuit. Termination under this section will result in the immediate forfeiture of all pending Commissions to OfferLab.
4.3.Entire agreement. This Agreement, together with Appendix A and OfferLab's standard Terms of Service, constitutes the entire agreement between the Parties with respect to Your participation in the OfferLab Referral Program and Your rights and obligations as an Affiliate. This Agreement supersedes any prior or contemporaneous written or oral agreements relating to the subject matter herein. In the event of a direct conflict between the Terms of Service and this Agreement, the provisions of this Agreement shall govern.
Appendix A
Additional terms of the agreement and advertising rules
These Advertising Rules apply to all activities of Affiliate:
1. General Compliance
Affiliate shall publish or otherwise distribute advertisements in strict compliance with all applicable laws and regulations, including without limitation, laws prohibiting deceptive and misleading advertising and marketing, email marketing laws (including the federal CAN-SPAM Act (15 U.S.C. § 7701)), data protection laws (including but not limited to the European Union General Data Protection Regulation, U.K. Data Protection Act, California Consumer Privacy Act, and Brazilian General Data Protection Regulation), laws governing testimonials (including the FTC's Revised Endorsements and Testimonials Guides (16 CFR Part 255 of the Code of Federal Regulations)), and all guidelines issued by the FTC.
Affiliate is solely responsible for ensuring Affiliate's compliance with all laws. Affiliates are strictly prohibited from making claims concerning the products and services offered by OfferLab that are inconsistent with, or beyond the scope of marketing materials produced and made available by OfferLab on OfferLab website, OfferLab.com. Affiliate is prohibited from publishing or otherwise distributing advertisements by telemarketing, fax, or text messaging in any form to any device. Affiliate shall not offer monetary incentives, such as rewards points, cash, or prizes to Prospects in return for their response to an advertisement. Affiliate may, however, offer Prospects information and materials of tangible value including, but not limited to, website templates, information about e-commerce, website design, and online marketing, for reduced or no charge, but only so long as Affiliate accurately describes and delivers such information and materials to the Prospect. OfferLab retains the sole and exclusive discretion to determine whether Affiliate's advertising and conduct is in compliance with all laws (but OfferLab shall not be required to advise Affiliates on such matters).
2. Disclosure
On any website that Affiliate advertises any OfferLab service or product, or the product of any other user of the OfferLab platform, Affiliate must plainly display (i.e., not in a link, or in small font) disclaimer language.
3. Non-Disparagement
Affiliate is not permitted to comment negatively about or disparage the products or services of OfferLab or any other person or entity, including without limitation the products or services of an OfferLab competitor. Affiliate is not permitted to engage in any unlawful or deceptive actions with respect to search engine optimization, including, but not limited to, using any technique that generates paid search results based on any trademarks of OfferLab, any brand name of OfferLab, or based on the trademarks or brand name of any competitor of OfferLab, or any other third party.
4. Social Media
If Affiliate advertises on Instagram or YouTube, then each post must comply with all of the following:
- Each post must contain @OfferLab or #OfferLab.
- Each post must contain #ad in a clear and conspicuous location before the text of the description and in all events before the "More" button.
- Each Instagram post must use Instagram's "Paid Partnership" tool.
- Each YouTube post must contain the word "Ad," "Advertisement," "Promotion," or "Paid Partnership" within the video itself in a font size that is clearly recognizable to the viewer and which appears persistently throughout the length of the video in the top right hand portion of the video.
If Affiliate is advertising on other forms of written social media (e.g., Facebook, Twitter), Affiliate must comply with the above disclosure restrictions as applicable to each form of social media. Affiliate must also comply with all rules of each social media platform that Affiliate uses.
5. Income and Business Opportunity Claims
Affiliates are expressly prohibited from making any claims that use of OfferLab will guarantee that the user will make money. If Affiliate's recruiting efforts include claims related to income Affiliate has made from using OfferLab or as an Affiliate, the following guidelines must be adhered to:
- Affiliate's statements must be completely true and accurate and supported by evidence of Affiliate's experience; and
- Affiliate's statements must be accompanied by the following disclaimer in clear and conspicuous font and placement: "These were my results. Your results will vary based on a variety of factors including Your education, effort, and market factors. There is no guarantee You will make any money."
Affiliate is also expressly prohibited from making any express or implied claims that OfferLab is or provides a business opportunity, franchise opportunity, a "business-in-a-box," or an assisted marketing plan.
6. OfferLab's Trademarks
No logo, tagline, trademark, trade name, or trade dress (collectively, the "OfferLab Trademarks") owned by OfferLab may be used, copied, or reproduced by any Affiliate except as set forth below. No OfferLab intellectual property (or any mark confusingly similar to any OfferLab intellectual property) is to be registered as a trademark in any country or registered as a domain name by Affiliate in any way in any country.
Subject to the restrictions below, Affiliates are granted a limited, revocable, non-transferrable, and non-assignable license to use the "OfferLab®" trademark, to advertise OfferLab online. Any time Affiliate uses the word "OfferLab" it must be immediately followed by "®". Affiliate may not use "OfferLab" or other OfferLab's trademarks as part of any URL, domain or website name.
OfferLab retains exclusive ownership of all OfferLab's Trademarks and other intellectual property and all of its rights therein. Affiliate shall not promote or provide services to any other business or person that is infringing any of OfferLab's intellectual property.
7. Complaint Notification
Affiliate must notify Company of any complaint received by Affiliate regarding any advertisements within twenty-four (24) hours of receiving such complaint. Notice should be sent to compliance@offerlab.com.
8. Independent Contractor
Affiliates are independent contractors of OfferLab. It is the express understanding and intention of the Parties that no relationship of master and servant nor principal and agent shall exist between OfferLab and You by virtue of this Agreement. You have no right to act on behalf of or bind OfferLab in any way, nor share in the profits or losses of OfferLab. The only compensation available to You is set forth in this Agreement. You are solely and exclusively responsible and liable for all of Your acts or omissions.
9. No Warranty; No Leads
OfferLab does not promise, guarantee or warrant Your business success, income, or sales. You understand and acknowledge that OfferLab will not at any time provide sales leads or referrals to You. You understand and agree further that this is not a business opportunity, a franchise opportunity, a "business-in-a-box," or an assisted marketing plan. You are responsible for procuring and paying for any and all materials and resources necessary to operate as an Affiliate as You determine in Your sole discretion.
10. Limitation Of Liability
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO EVENT SHALL OFFERLAB OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY STATEMENT, THE SERVICES OR PRODUCTS, YOUR OR A THIRD PARTY'S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY SOFTWARE, SERVICE, OR PRODUCT, REGARDLESS OF WHETHER OFFERLAB HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE.
IN NO EVENT SHALL OFFERLAB'S LIABILITY TO YOU OR YOUR BUSINESS EXCEED FIVE-THOUSAND DOLLARS ($5,000).
11. DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION, CLASS ACTION WAIVER, & GOVERNING LAW
As explained in OfferLab's Terms of Service, any controversy or claim arising out of or related to this Agreement or Your relationship with us that cannot be resolved through negotiation within 120 days shall be resolved by binding, confidential arbitration administered by the American Arbitration Association ("AAA"), and judgment on the award rendered may be entered in any court having jurisdiction thereof. The sections of the Terms of Service entitled "DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER," "OFFERLAB'S ADDITIONAL REMEDIES," and "GOVERNING LAW AND VENUE" are expressly incorporated herein by reference. Please review the Terms of Service for more information.
12. Indemnity
You agree to protect, defend, indemnify and hold harmless OfferLab, its officers, directors, employees, owner(s), and parent company(ies) and assigns from and against all claims, demands, and causes of action of every kind and character without limitation arising out of Your conduct, acts, or omissions related to Your application and/or performance of this Agreement including, but not limited to, any breach of this Agreement. Your indemnity obligation includes, but is not limited to, any third party claim against OfferLab for liability or payments for damages caused by, or other liability relating to, You. This provision expressly survives the termination of this Agreement.
13. Severability
In the event any provision of this Agreement is inconsistent with or contrary to any applicable law, rule, or regulation, the provision shall be deemed to be modified to the extent required to comply with the law, rule, or regulation, and this Agreement and the Terms of Service, as so modified, shall continue in full force and effect.
14. Modifications/Amendments
This Agreement and OfferLab's standard Terms of Service may be modified by OfferLab at any time, with or without prior notice to You. Amendments or modifications to this Agreement or the Terms of Service will be binding on You when they are updated and posted to the OfferLab website. No amendment to this Agreement or the Terms of Service shall be valid unless prepared or signed by OfferLab. Your continued acceptance of Commission payments constitutes Your acceptance to any modifications or amendments to this Agreement and the Terms of Service.