This Agreement describes and provides the terms and conditions (the “Terms”) that
govern and apply to your participation in After The Tone LLC’s (the “Company”, "we", "us" or
“our”) Ambassador Program (the “Program”).
You may only participate in the Program if you are eighteen (18) years of age, or older.
You agree that your participation in the Program shall constitute express consent to
these Terms.
FAILURE TO COMPLY WITH THESE TERMS WILL RESULT IN IMMEDIATE
TERMINATION OF YOUR AMBASSADOR ACCOUNT AND ALL RELATED
PRIVILEGES, AS WELL AS FORFEITURE OF ALL UNPAID COMMISSIONS THAT
HAVE BEEN EARNED THROUGH YOUR PARTICIPATION IN THE AMBASSADOR
PROGRAM.
After The Tone further reserves its right to pursue any and all claims, legal and equitable, that
may result from any violation of these Terms.
After The Tone expressly reserves the right to modify these Terms at any time, with or without
notice to you. Your continued participation in the Program following any such change
shall constitute and evidence your agreement to any such modification to these Terms.
To contact us about any of the matters addressed in these Terms, including to ask
questions or to provide comments about these Terms, you may contact us by email at jacob@afterthetone.co
AFFILIATE PROGRAM TERMS AND CONDITIONS
After The Tone LLC – Audio Guestbook Rental
Effective Date: March 16, 2026
Managed via Awin Affiliate Platform
These Affiliate Program Terms and Conditions ("Agreement") constitute a legally binding contract between After The Tone LLC ("Company," "we," "us," or "our") and you, the individual or entity applying to or participating in the Company's affiliate program ("Affiliate," "you," or "your"). By registering for, accessing, or participating in the affiliate program through the Awin platform, you agree to be fully bound by the terms of this Agreement. If you do not agree to these terms, you may not participate in the program.
1. PROGRAM OVERVIEW
The Company operates an audio guestbook rental service. Our affiliate program allows approved individuals and entities ("Affiliates") to earn commission by referring customers who complete a qualifying purchase through the Affiliate's unique tracking link. This program is administered through the Awin affiliate marketing platform.
2. ELIGIBILITY AND ENROLLMENT
2.1 Eligibility Requirements
To be eligible to participate in the affiliate program, you must:
- Be at least 18 years of age (or the age of majority in your jurisdiction, whichever is greater)
- Have a valid Awin affiliate account in good standing
- Accurately complete the affiliate application, providing truthful and current information
- Comply with all applicable federal, state, and local laws and regulations
- Not be a current employee, officer, director, or immediate family member of any employee of the Company
2.2 Approval
Submission of an application does not guarantee acceptance into the program. The Company reserves the sole and absolute right to approve or deny any application, or to terminate any Affiliate's participation at any time, for any reason, with or without notice.
3. AFFILIATE LINKS AND TRACKING
3.1 One Link Per Affiliate
Each approved Affiliate will be issued exactly one (1) unique affiliate tracking link ("Affiliate Link") through the Awin platform. The Affiliate Link is personal and non-transferable. You may not:
- Share, sell, transfer, or assign your Affiliate Link to any other person or entity
- Use another Affiliate's link or tracking code
- Create, request, or use multiple Affiliate Links or accounts
- Attempt to circumvent the single-link policy through any technical or other means
3.2 Tracking and Attribution
Sales are tracked through the Awin platform using cookies and other tracking technology. The Company is not responsible for sales that fail to be tracked due to a customer's browser settings, cookie blocking, ad blockers, or other technical issues outside the Company's reasonable control. Commission is only earned on qualifying sales that are successfully tracked and attributed to your Affiliate Link.
4. COMMISSION AND PAYMENT
4.1 Commission Rate
Affiliates earn a commission of ten percent (10%) of the total qualifying sale amount (the "Commission Rate"). The qualifying sale amount is calculated based on the customer's final order total, excluding taxes, shipping fees, and any applied discounts or promotional codes.
4.2 Qualifying Sales
A "qualifying sale" is a completed, paid transaction by a new or existing customer who has navigated to the Company's website via your Affiliate Link within the applicable cookie window, as determined by the Awin platform settings. Sales that are subsequently cancelled, refunded, charged back, or deemed fraudulent will not qualify for commission.
4.3 Commission Reversal
The Company reserves the right to reverse, withhold, or reclaim any commission paid or pending in the event of:
- Customer cancellation or refund of the underlying order
- Fraudulent, invalid, or self-referral transactions
- Any breach of this Agreement by the Affiliate
- Transactions that violate the Company's policies or the Awin platform's terms
4.4 Payment Terms
Commission payments are processed through the Awin platform in accordance with Awin's payment schedule and policies. Affiliates are solely responsible for complying with all applicable tax obligations arising from commission payments received. The Company may be required to collect tax documentation (e.g., IRS Form W-9 or W-8BEN) prior to issuing payment. Failure to provide required documentation may result in withholding of payment.
4.5 Minimum Payout Threshold
Commission payments are subject to the minimum payout threshold established by the Awin platform. Commissions that do not meet the minimum threshold will roll over to subsequent payment periods.
5. PRODUCT SAMPLES AND LOANER EQUIPMENT
5.1 Samples Are Loans, Not Gifts
In certain circumstances, at the Company's sole discretion, an Affiliate may be provided with an audio guestbook device on a temporary loan basis for the purpose of product review, demonstration, or promotional content creation ("Loaner Device"). The provision of a Loaner Device does not constitute a gift or transfer of ownership. ALL LOANER DEVICES REMAIN THE SOLE PROPERTY OF THE COMPANY AT ALL TIMES.
5.2 Mandatory Return
If you receive a Loaner Device, you are required to return it to the Company in the same condition as received, reasonable wear from agreed use excepted, within the timeframe specified by the Company at the time of loan (or, if no timeframe is specified, within fourteen (14) calendar days of the Company's written request). You must return the Loaner Device at your own expense using a trackable shipping method, unless the Company expressly agrees in writing to cover return shipping costs.
5.3 Care and Responsibility
During the loan period, you are responsible for the safekeeping, care, and proper handling of the Loaner Device. You agree to:
- Use the Loaner Device only for its intended purpose and in accordance with any instructions provided by the Company
- Not modify, disassemble, reverse-engineer, or tamper with the Loaner Device in any way
- Not allow any third party to use, possess, or borrow the Loaner Device
- Immediately notify the Company of any damage, loss, or theft of the Loaner Device
5.4 Liability for Loss or Damage
You will be held financially responsible for the full replacement cost of any Loaner Device that is lost, stolen, damaged beyond reasonable wear, or not returned within the required timeframe. The Company reserves the right to invoice you for such costs and to pursue all available legal remedies to recover the value of unreturned or damaged equipment.
5.5 No Entitlement to Samples
Participation in the affiliate program does not entitle you to receive a Loaner Device. The Company makes no guarantees that any Affiliate will receive sample products.
6. AFFILIATE OBLIGATIONS AND CONDUCT
6.1 Honest and Accurate Promotion
You agree to promote the Company's products and services honestly, accurately, and in good faith. You must not:
- Make false, misleading, or exaggerated claims about the Company's products, services, pricing, or availability
- Misrepresent your relationship with the Company
- Use deceptive tactics to drive clicks or conversions
6.2 FTC Disclosure Requirements
You are solely responsible for complying with the U.S. Federal Trade Commission ("FTC") guidelines on endorsements and testimonials, and all other applicable advertising disclosure laws. You MUST clearly and conspicuously disclose your affiliate relationship with the Company in all content where your Affiliate Link is used (for example: "#ad," "#sponsored," "This post contains affiliate links," or similar language). Failure to comply with FTC disclosure requirements is a material breach of this Agreement and may result in immediate termination.
6.3 Prohibited Promotional Methods
The following promotional methods are strictly prohibited:
- Pay-per-click (PPC) bidding on the Company's brand name, trademarked terms, or any confusingly similar variations
- Spam or unsolicited bulk email (email marketing must comply with the CAN-SPAM Act and all applicable anti-spam laws)
- Coupon or deal websites without the Company's prior written approval
- Cookie stuffing, forced clicks, or any other artificial inflation of traffic or conversions
- Placing the Affiliate Link on websites or platforms containing illegal, adult, hateful, defamatory, or otherwise objectionable content
- Using the Company's name, logo, or trademarks in any domain name, social media handle, or paid advertisement without prior written permission
- Self-referrals (purchasing through your own Affiliate Link)
6.4 Compliance with Platform Terms
You must comply with the terms and policies of any platform, social media network, or website on which you promote the Company's products, as well as the terms and policies of the Awin platform.
7. INTELLECTUAL PROPERTY
7.1 License to Use Company Materials
Subject to the terms of this Agreement, the Company grants you a limited, non-exclusive, non-transferable, revocable license to use Company-approved logos, images, banners, and marketing materials ("Marketing Materials") solely for the purpose of promoting the Company's products through the affiliate program. This license is subject to the Company's brand guidelines and any instructions provided by the Company.
7.2 Restrictions
You may not modify, alter, distort, or create derivative works of any Marketing Materials without the Company's prior written consent. You may not use the Company's trademarks, trade names, or branding in any manner that could cause confusion, dilute the brand, or imply endorsement beyond the scope of the affiliate relationship.
7.3 Ownership
Nothing in this Agreement transfers any intellectual property rights to you. All Company trademarks, logos, content, and Marketing Materials remain the exclusive property of the Company.
8. CONFIDENTIALITY
In the course of the affiliate relationship, you may have access to non-public information about the Company, including but not limited to commission rates, business strategies, customer data, or product details ("Confidential Information"). You agree to keep all Confidential Information strictly confidential and not to disclose it to any third party without the Company's prior written consent. This obligation survives termination of this Agreement.
9. TERM AND TERMINATION
9.1 Term
This Agreement is effective upon the date you are approved into the affiliate program and continues until terminated by either party.
9.2 Termination by Affiliate
You may terminate your participation in the program at any time by closing your affiliate account through the Awin platform and ceasing all use of your Affiliate Link and Company Marketing Materials.
9.3 Termination by the Company
The Company may suspend or terminate your participation in the affiliate program at any time, for any reason or no reason, with or without notice. Grounds for immediate termination without notice include, but are not limited to:
- Any breach of this Agreement
- Fraudulent, deceptive, or unethical conduct
- Failure to return a Loaner Device as required
- Conduct that, in the Company's sole judgment, is harmful to the Company's reputation or business
9.4 Effect of Termination
Upon termination: (a) all licenses granted herein immediately terminate; (b) you must immediately remove all Affiliate Links and cease all promotion of the Company; (c) any unpaid commissions earned on qualifying sales completed prior to termination will be paid in accordance with normal payment schedules, subject to the Company's right to withhold commissions for breach; and (d) all obligations relating to Loaner Device return, confidentiality, and indemnification survive termination.
10. DISCLAIMERS AND LIMITATION OF LIABILITY
10.1 No Guarantee of Earnings
THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE AMOUNT OF COMMISSIONS YOU MAY EARN THROUGH THE AFFILIATE PROGRAM. PAST PERFORMANCE IS NOT INDICATIVE OF FUTURE RESULTS.
10.2 Disclaimer of Warranties
THE AFFILIATE PROGRAM, THE AWIN PLATFORM, AND ALL RELATED MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.
10.3 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR PARTICIPATION IN THE AFFILIATE PROGRAM, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY'S TOTAL CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED THE TOTAL COMMISSIONS PAID TO YOU IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
11. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees, agents, and successors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your participation in the affiliate program; (b) your breach of this Agreement; (c) your violation of any applicable law or regulation; (d) your promotional activities; (e) any content you create or publish in connection with the affiliate program; or (f) your failure to return or any damage to a Loaner Device.
12. MODIFICATIONS TO THE PROGRAM
The Company reserves the right to modify, suspend, or discontinue the affiliate program, change the commission rate, update these terms, or alter any aspect of the program at any time. The Company will endeavor to provide reasonable notice of material changes. Continued participation in the program after any modification constitutes your acceptance of the revised terms. It is your responsibility to review these terms periodically.
13. RELATIONSHIP OF THE PARTIES
You are an independent contractor of the Company. Nothing in this Agreement creates, or shall be deemed to create, an employment, partnership, joint venture, agency, or franchise relationship between you and the Company. You are solely responsible for all taxes, withholdings, and other obligations associated with compensation you receive under this Agreement. You have no authority to bind the Company to any obligation.
14. GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any dispute arising out of or relating to this Agreement shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, and the arbitration shall take place in San Clemente, CA. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect intellectual property rights or confidential information.
CLASS ACTION WAIVER: YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
15. GENERAL PROVISIONS
15.1 Entire Agreement
This Agreement, together with the Awin platform's terms and any written addenda executed by both parties, constitutes the entire agreement between you and the Company with respect to the affiliate program and supersedes all prior negotiations, understandings, and agreements.
15.2 Severability
If any provision of this Agreement is found to be invalid or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.
15.3 No Waiver
The Company's failure to enforce any provision of this Agreement shall not constitute a waiver of its right to enforce that provision in the future.
15.4 Assignment
You may not assign or transfer this Agreement or any rights hereunder without the Company's prior written consent. The Company may assign this Agreement freely, including in connection with a merger, acquisition, or sale of assets.
15.5 Notices
Notices from the Company to you will be provided via your registered email address or through the Awin platform. Notices from you to the Company must be sent in writing to jacob@afterthetone.co or by mail to After The Tone LLC, 430 N El Camino Real #D, San Clemente, CA 92672.
ACKNOWLEDGMENT
By registering for or participating in the affiliate program through the Awin platform, you acknowledge that you have read, understood, and agree to be bound by these Affiliate Program Terms and Conditions.
