docs: new OSS fair share terms (#1462)

Co-authored-by: Ondra Urban <ondra@apify.com>

sources/legal/latest/terms/fair-share-program-terms-and-conditions.md

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+---
+title: Apify Open Source Fair Share Program Terms
+description: Apify Affiliate Program Terms and Conditions govern Apify's affiliate partnership program.
+sidebar_position: 5
+sidebar_label: Fair Share Program Terms
+category: legal
+slug: /fair-share-program-terms-and-conditions
+---
+
+# Apify Open Source Fair Share Program Terms and Conditions
+
+<!-- vale off -->
+
+Effective Date: February 14, 2025
+
+---
+
+We offer you the opportunity to enroll in our Apify Open Source Fair Share Program ("**Fair Share Program**"), which is subject to the following Apify Open Source Fair Share Program Terms and Conditions ("**Fair Share Program Terms**"). Fair Share Program is further governed by the [Affiliate Program Terms and Conditions](affiliate-program-terms-and-conditions.md) and, to the extent applicable, by [Apify Store Publishing Terms and Conditions](store-publishing-terms-and-conditions.md) which are both incorporated herein by the reference. In case of a conflict, these Apify Fair Share Program Terms shall prevail.
+
+Terms starting with a capital letter used in these Fair Share Program Terms have the meaning defined either here or in the Affiliate Program Terms and Conditions.
+
+## 1. Eligibility
+
+The Fair Share Program is open to maintainers of GitHub repositories with projects suitable for web automation, data extraction, or related purposes (“**you**” or "**Participant**"). Participation is subject to review and approval by Apify.
+
+## 2. Tiers
+
+The Fair Share Program offers three different tiers, each with varying levels of involvement and benefits:
+
+### 2.1. Passive Tier
+
+2.1.1. **Joining Passive Tier**. You can join the Passive Tier only by accepting a pull request from Apify for your GitHub repository. To participate, your GitHub repository must have the GitHub Sponsor button enabled. Participants in the Passive Tier will not have access to the FirstPromoter account and, therefore, will not have visibility into the traffic or detailed performance metrics.
+
+2.1.2. **Commission**. Notwithstanding anything to the contrary in Section 4.1. of the Affiliate Program Terms, the Commission shall be calculated as 10% of all payments made by each Referred Customer to Apify in the first 3 months from the date when that Referred Customer started paying for Services (as defined in the General Terms) and then increased to 20% for all payments made by each Referred Customer to Apify, up to 2,500 USD per Referred Customer.
+
+2.1.3. **Payment Terms**. Notwithstanding anything to the contrary in Sections 5.2. and 5.3, Commission for Referred Customers in the Passive Tier is paid monthly, exclusively via the GitHub Sponsor button.
+
+### 2.2. Maintainer Tier
+
+2.2.1. **Joining Maintainer Tier**. To join the Maintainer Tier, you must first:
+(i) [join our Affiliate Program](https://apify.firstpromoter.com/signup/28997),
+(ii) [create an Account](https://console.apify.com/sign-up) at apify.com, and
+(iii) either successfully claim ownership of the Actor in Apify Store or link your GitHub OSS Public Repository containing an Actor code to the same Actor in Apify Store, subject to the Apify Store Publishing Terms.
+
+2.2.2. **Commission & Remuneration**. In the Maintainer Tier you may receive standard Commission as outlined in the Affiliate Program. Additionally, you may also be eligible to receive remuneration under the Apify Store Publishing Terms in case you monetize your Actor.
+
+### 2.3. Active Developer Tier
+
+2.3.1. **Joining Active Developer Tier**. In order to benefit from the Active Developer Tier, you must:
+(i) join the Maintainer Tier,
+(ii) monetize your Actor through the Pay-Per-Event monetization model which allows you to set custom pricing for each use of your Actor by Apify Users (you are required to optimize your Actor’s performance and configure it for Pay-Per-Event usage).
+
+2.3.2. **Additional Incentive under Active Developer Tier**. In addition to the benefits arising from the Maintainer Tier, as an Active Developer you may receive a temporary discount on computing resources or other incentives for your open-source Actor subject to a separate agreement with Apify.
+
+## 3. General
+
+3.1. Participants are responsible for any applicable taxes, payment processing fees, or other charges related to receiving Commission under the Fair Share Program. Apify is not responsible for covering such costs.
+
+3.2. Apify reserves the right to modify, suspend, or terminate the Fair Share Program at any time, with or without prior notice. Any changes will be posted on our Website, and continued participation constitutes acceptance of the updated Terms.