Terms of Service

Affiliate Program Terms & Conditions

Effective Date: 11/21/2024

These Terms and Conditions ("Agreement") govern your participation in the Calming White Noise's Affiliate Program ("Affiliate Program" or "Program"). By enrolling in the Program, you ("Affiliate", "You", or "Your") agree to comply with the following terms and conditions.

1. Program Overview

Program Name: Calming White Noise LLC Affiliate Program

As a member of the Calming White Noise LLC Affiliate Program, you will have the opportunity to promote our monthly and annual membership subscriptions and earn commissions on sales made through your referral link.

2. Commission Structure

Affiliates will receive the following compensation for referring customers to Calming White Noise LLC:

• 30% Commission: Affiliates will earn 30% of the sale price for each new subscription made via their affiliate link on calmingwhitenoise.tv.
• Recurring Commissions: Affiliates will receive recurring commissions on users who sign up for the Monthly Membership and Annual Membership, as long as the user maintains their subscription. Recurring commissions will be paid based on the ongoing payments made by the referred user.
  
  

3. Payment Terms

• Initial Payment: Affiliate payments for the first sale will be processed 30 days after the transaction date.
• Recurring Payments: Affiliates will receive recurring commissions on a monthly or annual basis, within 30 to 60 days after the referred user’s payment is received.
• Payment Methods: Payments will be processed through PayPal unless otherwise specified.
• Minimum Payout Threshold: A minimum balance of $1 is required for payouts.
  

4. Products and Services

Affiliates will promote Calming White Noise LLC’s monthly and annual membership subscriptions available on calmingwhitenoise.tv. These memberships grant users access to premium streaming options available on iOS and Android, Roku, FireTV, Android TV, Apple TV, and calmingwhitenoise.tv.

5. Affiliate Responsibilities

As an affiliate, you agree to:

• Promote Calming White Noise LLC in a Positive Manner: Affiliates must promote Calming White Noise LLC in a truthful, professional, and respectful manner.
• Adhere to Ethical Standards: Your promotional activities must align with ethical marketing standards and comply with all applicable laws, including regulations related to advertising and online marketing.
• Use of Approved Marketing Materials: Affiliates must only use marketing materials, logos, and branding assets provided by Calming White Noise LLC, unless explicitly approved otherwise.

6. Prohibited Practices

Affiliates must not engage in the following:

• Misleading or Harmful Promotions: Promoting Calming White Noise LLC in a negative, harmful, or deceptive manner is strictly prohibited.
• Spamming: Sending unsolicited emails, engaging in click fraud, or any form of unauthorized promotion (including misleading advertising) is prohibited.
• Paid Search Advertising: Affiliates are prohibited from bidding on branded keywords or using Calming White Noise LLC trademarks in paid search advertisements without prior written consent from a representative of Calming White Noise, LLC.
  

7. Tracking and Reporting

• Tracking System: Affiliates will use the Rewardful platform for tracking sales, commissions, and performance. You will have access to a dashboard that allows you to monitor your earnings and track clicks and conversions.
• Cookie Duration: The tracking cookie will last for 60 days from the time a potential customer clicks on your affiliate link. If the customer makes a purchase within this period, you will receive the associated commission.
  

8. Termination

• Termination for Violation of Terms: Calming White Noise, LLC reserves the right to terminate any affiliate's participation in the Program at any time if the affiliate is found to be in violation of these Terms and Conditions, engages in unethical behavior, or poorly represents Calming White Noise LLC.
• Termination for Non-Compliance: If an affiliate fails to comply with the terms outlined in this Agreement or engages in fraudulent, misleading, or illegal promotional activities, Calming White Noise, LLC may immediately suspend or terminate their participation in the Program.

Upon termination, affiliates will be paid any commissions earned up to the termination date, provided they meet the minimum payout threshold.

9. Intellectual Property

• License to Use Marketing Materials: Affiliates are granted a limited, non-exclusive license to use Calming White Noise LLC’s logos, banners, and other marketing materials provided by the company solely for the purpose of promoting the Program.
• Restrictions on Use: Affiliates may not modify, adapt, or alter any provided marketing materials, nor may they use these assets in any way that misrepresents the brand or misleads customers.
• Ownership of Trademarks and IP: All intellectual property, including but not limited to trademarks, logos, and branding associated with Calming White Noise LLC, remain the sole property of the company. Affiliates agree not to use or register any intellectual property related to Calming White Noise LLC outside the scope of the Program.

10. Confidentiality

Affiliates agree to maintain the confidentiality of all proprietary information and materials provided by Calming White Noise LLC, including commission structures, sales data, and customer information. This obligation remains in effect even after termination of the affiliate’s participation in the Program.

11. Limitation of Liability

Calming White Noise LLC will not be liable for any indirect, incidental, special, or consequential damages arising from your participation in the Affiliate Program, including but not limited to lost profits, loss of business, or loss of data. Affiliates are solely responsible for their promotional activities and must ensure that they comply with all applicable laws and regulations.

12. Amendments

Calming White Noise LLC reserves the right to modify or update these Terms and Conditions at any time. Affiliates will be notified of any changes via email or through the affiliate dashboard. Continued participation in the Program after any changes to the Terms and Conditions will constitute your acceptance of the new terms.

13. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of California/USA, without regard to its conflict of law provisions. Any disputes arising out of or relating to this Agreement will be resolved in the courts of California/USA.

14. Dispute Resolution

In the event of a dispute, the parties agree to resolve the matter through informal negotiation. If a resolution cannot be reached, the dispute may be escalated to mediation or arbitration, as determined by the company.

15. Miscellaneous

• Independent Contractors: Affiliates are independent contractors and not employees of Calming White Noise LLC. Nothing in this Agreement shall be construed as creating an employer-employee relationship.
• Entire Agreement: This Agreement constitutes the entire understanding between the parties and supersedes any prior agreements or communications, whether written or oral.

By signing up for the Calming White Noise LLC's Affiliate Program, you acknowledge that you have read, understood, and agree to these Terms and Conditions.

Signature and Agreement

By clicking the “Sign Up” button, you agree to the Terms and Conditions outlined in this document.