Effective Date: April 11, 2025
These Terms of Service ("Agreement") govern participation in the TalkingParents Affiliate Program ("Program"). By enrolling in the Program, you ("Affiliate") agree to be bound by the terms and conditions set forth herein. If you do not agree to these terms, you may not participate in the Program.
1. Overview and Acceptance:
By enrolling in the TalkingParents Affiliate Program, you accept and agree to abide by these Terms of Service. If you do not agree to these terms, you may not participate in the Program.
2. Program Participation:
2.1 Independent Contractor Relationship
The relationship of the parties to this Agreement shall at all times be considered to be an Independent Contractor relationship. TalkingParents is an independent corporation and not part of Affiliate’s business in any way. Neither party will have authority to act for or bind the other party or to incur any debts or liabilities on behalf of the other party. Nothing in this Agreement shall be construed to provide that the parties are in any joint venture, association, agency, or legal partnership.
2.2 FTC Compliance and Disclosure Requirements
Affiliates are required to comply with all applicable laws and regulations, including the Federal Trade Commission (FTC) guidelines regarding endorsements and testimonials. Affiliates must clearly disclose their affiliate relationship with TalkingParents in all promotional materials, including but not limited to websites, social media posts, videos, and email communications. This disclosure must state that the affiliate may receive a commission for referrals made through their affiliate links.
2.3 Promotional Restrictions
Affiliates shall not engage in any of the following prohibited promotional practices:
3. Commission Structure:
3.1 Monthly Subscriptions
Affiliates will earn a commission equivalent to twenty-five percent (25%) of the monthly subscription payment received from each qualifying referral, subject to the limitations outlined in this Agreement.
3.2 Eligible Transactions
Commission is only payable for Enhanced or Ultimate subscriptions purchased directly through the TalkingParents website utilizing Stripe Checkout. Transactions processed through mobile application stores, Essentials Tier plans, or involving consumable products are expressly excluded and not eligible for commission.
3.3 Annual Subscriptions
If a referral purchases an annual subscription plan, the Affiliate will earn a one-time commission equal to twenty-five percent (25%) of the total amount paid for the annual plan, provided the payment meets all other eligibility criteria under this Agreement.
3.4 Attribution and Eligibility
The same attribution rules outlined in Section 4 apply to annual plan purchases. The referral must subscribe through the TalkingParents website using the Affiliate’s unique tracking link and complete payment via Stripe Checkout. Commissions will not be paid on annual subscriptions purchased through mobile app stores.
3.5 Commission Term Limit for Annual Plans
The one-time commission on an annual plan fulfills the twelve-month commission window for that referral. No additional commission shall be paid if the referral renews their annual plan for a second term.
3.6 Refunds and Cancellations
If the referral cancels their annual plan or receives a refund within thirty (30) days of purchase, no commission shall be paid. Any commissions already paid out on refunded transactions are subject to reversal or future deduction.
4. Referral Attribution:
4.1 Attribution Window
A referral will be attributed to the Affiliate if the referred user completes a qualifying subscription within three hundred sixty-five (365) days of first visiting the TalkingParents website via the Affiliate’s unique tracking link.
4.2 First-Click Attribution
Referrals will be credited to the Affiliate whose unique link was first clicked by the user. Subsequent clicks on other affiliate links will not alter attribution.
4.3 Definition of Conversion
A “conversion” is defined as a successful charge or payment processed through Stripe. No commission shall be paid for sign-ups that do not result in successful payment.
5. Commission Eligibility and Payment:
5.1 Subscription Activation
Commissions shall only accrue once the referred user has initiated a paid subscription to TalkingParents. No commissions will be paid for users who register but do not become paying subscribers.
5.2 Free Trial Impact
All new TalkingParents subscriptions include a free trial. As a result, there may be a delay of up to sixty (60) days from the referral date before the Affiliate becomes eligible to receive commission on that referral.
5.3 Commission Term Limit
Commissions will accrue only during the first twelve (12) months from the date the referred user begins their paid subscription. No commissions will be paid for subscription payments received beyond this twelve-month period, even if the referred user remains subscribed.
5.4 Refunds and Cancellations
Commissions will not be paid for any referred user who:
6. Payment Terms:
6.1 Pending Period
All commissions will remain in a pending status for a minimum of thirty-two (32) days following a qualifying conversion to allow for cancellations and refund processing.
6.2 Payment Schedule
Approved commissions will be paid to Affiliates monthly, within the first ten (10) business days of the subsequent calendar month after the pending period has passed.
6.3 Payment Method
All commission payments shall be made via PayPal. Affiliate must provide a PayPal invoice to billing@talkingparents.com with the amount shown in the Monthly Summary section of the Rewardful dashboard. Invoices must be sent within 60 days of the end of the month Affiliate is requesting commission for.
Affiliates are solely responsible for maintaining a valid PayPal account capable of receiving payments. TalkingParents is not liable for payment delays or losses resulting from inaccurate payment information or lack of invoice provided by the Affiliate.
7. Account Status and Termination:
7.1 Termination by Either Party
Either party may terminate this Agreement at any time, with or without cause, by providing written notice to the other party. Upon termination, no further commissions shall accrue, and any unpaid but approved commissions shall be paid in accordance with Section 6.
7.2 Termination by TalkingParents
TalkingParents reserves the right to terminate any affiliate account at its sole discretion, with or without cause, and at any time. In the event of termination due to a violation of this Agreement or fraudulent activity, any unpaid or pending commissions may be forfeited.
7.3 Inactive Accounts
An affiliate account that remains inactive for a continuous period of twelve (12) months—defined as no new referral activity and no meaningful communication—may be deemed abandoned and subject to deactivation. Any commissions unclaimed at the time of deactivation may be forfeited at the discretion of TalkingParents.
8. Credit Card Disputes and Fraud:
8.1 Chargebacks and Disputes
In the event that a referred user initiates a credit card chargeback or payment dispute, the associated transaction will be deemed ineligible for commission, regardless of when the dispute is filed.
8.2 Commission Reversal
If a commission was previously paid to the Affiliate for a transaction that is later disputed or reversed through a chargeback, TalkingParents reserves the right to recover the commission by:
8.3 Investigation and Fraud Prevention
TalkingParents reserves the right to delay or withhold commission payments if a transaction is under review for fraud or dispute. The Affiliate agrees to cooperate in any investigation related to referred transactions, including providing additional information if requested.
8.4 Final Determination
TalkingParents retains sole discretion to determine whether a transaction is eligible for commission. This includes but is not limited to cases involving disputes, refunds, or suspicious activity. All such decisions are final.
9. Program Changes:
TalkingParents reserves the right to modify, suspend, or terminate the Program or this Agreement at any time, with or without notice. Continued participation in the Program following any such modification constitutes the Affiliate’s acceptance of the modified terms.
10. Legal Terms:
10.1 Governing Law
This Agreement will be governed by the laws of the State of Florida exclusive of the principles of conflicts of law.
10.2 Dispute Resolution and Arbitration
All disputes between the parties shall first be submitted for informal resolution to each Party’s designated representative. If the parties cannot resolve the issue within ten (10) Business Days:
The parties will have forty (40) days from the date a dispute arises to attempt resolution through mediation in accordance with the rules of the American Arbitration Association ("AAA") or a mediator agreed upon by both parties. Costs will be split equally.
If mediation fails, the matter shall be resolved through binding arbitration in Okaloosa County, Florida, under AAA rules. The arbitrator may not alter the Agreement terms. Discovery, if agreed upon, shall follow Florida Rules of Civil Procedure. The circuit court of Okaloosa County, Florida shall have jurisdiction to enter judgment.
10.3 Attorneys' Fees
In the event of a dispute, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs from the non-prevailing party.
10.4 Entire Agreement
This Agreement constitutes the entire understanding between the parties and supersedes any prior agreements, representations, or understandings, whether oral or written, related to the subject matter herein.