Visuals

Affiliate Program Terms

Provider: Alphana, Inc. ("Visuals," "we," "us," "our"), a Delaware corporation Brand and Services: Visuals / visuals.fm — marketing website at visuals.fm and application at app.visuals.fm Program: the Visuals.fm Affiliate Program Effective date: July 30, 2026

These Affiliate Program Terms govern participation in the Visuals.fm Affiliate Program. They replace and supersede any prior affiliate, referral, or partner program terms offered by Visuals.

Plain-language summary

This summary helps you understand the Terms. It is not the contract, and the full Terms below control if there is any difference.

  • What this is. If we approve your application, you become a Visuals.fm Affiliate Partner. You get a unique referral link and discount code, you promote Visuals, and you earn a commission when people you refer subscribe.
  • What you earn. 25% of eligible net self-serve subscription revenue, for up to 12 months per referred customer. There is no limit on how many customers you can refer.
  • How referrals are tracked. A 60-day referral window with last-touch attribution. The last valid affiliate link or code used before the customer subscribes generally gets the credit.
  • When you get paid. Commissions stay pending for 60 days while we account for refunds, chargebacks, fraud, self-referrals, and billing adjustments. Approved commissions go out in the next monthly payout cycle, subject to any minimum payout threshold and to your giving us accurate payment and tax information.
  • What your audience gets. The Visuals.fm Partner Discount: 20% off the first three months of an eligible monthly self-serve subscription, for eligible new customers only. It cannot be combined with annual pricing or other promotions.
  • What earns commission. The subscription payment itself. API access, AI credits, usage allowances, and other features included within the standard subscription price are part of that payment and count toward your commission.
  • What does not earn commission. Anything billed outside the standard subscription fee — one-time or standalone credit purchases, add-on credit packs, separately billed API usage or overages — plus enterprise, custom, reseller, volume, and negotiated agreements, custom production and consulting, taxes and payment-processing fees, refunded or disputed transactions, self-referrals, and purchases by existing customers. See Section 10.
  • You must disclose. You have to tell your audience clearly that you may earn a commission, in a way that is easy to notice and close to the link. See Section 7.
  • You are independent. You are an independent contractor, not our employee, agent, or partner, and you cannot speak or sign for us.
  • You may use our brand only as we allow. We grant you a limited, revocable license to use Visuals brand assets for approved promotion. It ends when the agreement ends.
  • No promises about earnings. We do not guarantee any level of traffic, conversions, income, or that the program will continue.
  • Either side can end this. Either party may terminate at any time with notice. Section 19 explains what happens to pending and earned commissions.
  • Privacy Policy included. By accepting these Terms you also accept our Privacy Policy, which is part of this agreement.
  • Disputes. Most disputes are resolved by individual arbitration in Miami, Florida, with a class-action waiver and a 30-day opt-out. See Section 25.

1. Introduction and acceptance

1.1 These Affiliate Program Terms ("Terms") are a binding agreement between you and Alphana, Inc., a Delaware corporation with its principal office at 382 NE 191st St, PMB 31968, Miami, FL 33179, which operates the Visuals product under the Visuals / visuals.fm brand ("Visuals," "we," "us," or "our").

1.2 These Terms govern your application to, approval for, and participation in the Visuals.fm Affiliate Program (the "Program"), including your use of referral links, discount codes, brand assets, the affiliate dashboard, and any commissions you earn.

1.3 By submitting an application, clicking to accept, accessing the affiliate dashboard, or using a referral link or discount code issued to you, you agree to these Terms. If you do not agree, do not apply to or participate in the Program.

1.4 Privacy Policy incorporated. By accepting these Terms, you also agree to and accept the Visuals Privacy Policy, available at https://visuals.fm/legal/privacy, which is incorporated into these Terms by reference and forms part of this agreement. The Privacy Policy describes how we collect, use, and share personal information, including the information you give us when you apply to the Program and the information we process to administer referrals, commissions, and payouts.

1.5 Terms of Service. Your own access to and use of the Services — the marketing website at visuals.fm, the application at app.visuals.fm, and our official community spaces and channels — is governed by the Visuals Terms of Service, available at https://visuals.fm/legal/terms. These Affiliate Program Terms govern the affiliate relationship specifically. Where these Terms and the Terms of Service address the same subject, these Terms control as to the Program, and the Terms of Service control as to your use of the Services.

1.6 If you participate in the Program for or on behalf of a company or other organization, you represent that you are authorized to bind that organization, and "you" and "Affiliate Partner" mean that organization.

2. Definitions

  • "Affiliate Partner" / "you" means the individual or organization approved by Visuals to participate in the Program.
  • "Program" means the Visuals.fm Affiliate Program described in these Terms.
  • "Referral Link" means the unique tracking link issued to you through the affiliate dashboard.
  • "Discount Code" means the unique code issued to you through the affiliate dashboard that makes the Partner Discount available to eligible new customers.
  • "Affiliate Interaction" means a Referred Customer's click on your Referral Link or valid application of your Discount Code.
  • "Referral Window" means the 60-day period described in Section 11.
  • "Referred Customer" means a new Visuals customer whose qualifying subscription is attributed to you under Section 11.
  • "Eligible Purchase" means a purchase described in Section 9 that qualifies for commission.
  • "Excluded Purchase" means a purchase described in Section 10 that does not qualify for commission.
  • "Net Revenue" means the amount actually received and retained by Visuals for an Eligible Purchase after discounts, refunds, credits, chargebacks, and applicable taxes.
  • "Commission" means the amount payable to you under Section 12 on an Eligible Purchase.
  • "Commission Period" means the 12-month period described in Section 9.2.
  • "Review Period" means the 60-day pending period described in Section 12.
  • "Partner Discount" means the Visuals.fm Partner Discount described in Section 8.
  • "Brand Assets" means the Visuals and visuals.fm names, logos, marks, product screenshots, and other promotional materials we make available to you.
  • "Services" means the Visuals marketing website at visuals.fm, the application at app.visuals.fm, and our official community spaces and channels, as defined in the Terms of Service.
  • "Program Overview" means the plain-language Visuals.fm Affiliate Program article published in our help center or on our website.

3. Eligibility, application, and approval

3.1 Age and capacity. You must be at least 18 years old and able to enter into a binding contract. The Program is not open to anyone under 18.

3.2 Application. To participate, you must submit an application through the channels we provide and give complete, accurate, and current information about yourself or your organization, your promotional channels, your audience, and your promotional methods.

3.3 Approval is discretionary. We review applications in our sole discretion and may approve or decline any application for any lawful reason or no reason. Approval is not automatic, and submitting an application does not create an affiliate relationship. We may condition approval on additional information, verification, or written approval of specific promotional methods.

3.4 Accurate payment and tax information. You must provide and maintain accurate, current, and complete payment and tax information, including the tax documentation described in Section 13. We may withhold or delay payouts until valid information is on file.

3.5 Ongoing eligibility. Continued participation depends on your ongoing compliance with these Terms, with the Terms of Service where they apply to you, and with applicable law. We may re-review your eligibility at any time.

3.6 Employees and affiliates of Visuals. Employees, contractors, officers, and directors of Visuals and their immediate household members are not eligible to earn Commissions unless we approve otherwise in writing.

4. Affiliate account, Referral Links, and dashboard

4.1 Access. Once approved, you receive access to the Visuals affiliate portal, where you can find your Referral Link, Discount Code, recorded referrals, Commission balances, and payout information.

4.2 Your credentials. You are responsible for keeping your affiliate account credentials confidential and for all activity under your account. Notify us promptly at support@visuals.fm if you suspect unauthorized use.

4.3 Use of your Referral Link and Discount Code. Your Referral Link and Discount Code are issued to you alone. You may not sell, transfer, sublicense, or share them, and you may not modify, mask, or obscure a Referral Link in a way that interferes with tracking, except through standard link-shortening or link-management tools used in good faith.

4.4 Tracking is not guaranteed. Referral tracking depends on browsers, devices, cookie settings, ad blockers, privacy tools, third-party platforms, and customer behavior that we do not control. We do not guarantee that every Affiliate Interaction will be recorded, and a purchase that cannot be reliably attributed is an Excluded Purchase under Section 10.

4.5 Dashboard data is provisional. Figures shown in the dashboard, including pending Commissions, are estimates until they complete the Review Period and are approved under Section 12. Our records are the authoritative record of Affiliate Interactions, attribution, Eligible Purchases, and Commissions, absent manifest error.

4.6 Limited visibility into customers. Your dashboard may display a general sale description and Commission amount. We do not provide Affiliate Partners with customer email addresses, and we may limit or withhold other customer information for privacy, security, and legal reasons. See Section 17.

5. Relationship of the parties

5.1 Independent contractors. You and Visuals are independent contractors. Nothing in these Terms creates a partnership, joint venture, franchise, agency, fiduciary, employment, or similar relationship between the parties.

5.2 No authority to bind. You have no authority to make, and you will not make, any representation, warranty, commitment, promise, or agreement on behalf of Visuals, and you will not hold yourself out as an employee, agent, spokesperson, or official representative of Visuals.

5.3 Your own costs and operations. You control the manner and means of your own promotional activities and bear your own costs, taxes, equipment, personnel, and expenses. You are not entitled to any employee benefit, expense reimbursement, insurance, minimum payment, or exclusivity, and Commissions are the sole compensation payable to you under these Terms.

5.4 Non-exclusive. These Terms are non-exclusive. Visuals may enter into similar arrangements with any number of other affiliates, partners, or resellers, and may market and sell the Services directly through any channel.

6. License to use Visuals Brand Assets

6.1 License grant. Subject to your compliance with these Terms, Visuals grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license, during the term of these Terms, to display and use the Brand Assets solely to promote the Services in accordance with these Terms and any usage guidelines we provide.

6.2 Scope and guidelines. You must use Brand Assets as provided, without altering, distorting, recoloring, animating, or combining them with other marks in a way that creates a composite mark, unless we approve in writing. You must follow any brand, style, or usage guidelines we publish or send you, as updated from time to time. We may require you to change or remove any use of a Brand Asset, and you will do so promptly.

6.3 Reservation of rights. "Visuals," "visuals.fm," and related names, logos, and marks are and remain the property of Visuals. All goodwill arising from your use of the Brand Assets inures solely to Visuals. Except for the limited license in this Section, no right, title, or interest in the Brand Assets is granted to you.

6.4 Restrictions. You may not (a) register or apply to register any Visuals mark or any confusingly similar mark; (b) use a Visuals mark in a domain name, subdomain, social handle, app name, or account name without our prior written permission; (c) use Brand Assets in a way that suggests Visuals endorses, sponsors, or is affiliated with content, products, or services other than the Services; or (d) use Brand Assets in connection with content prohibited by Section 14.

6.5 Termination of the license. This license terminates automatically when these Terms terminate or when we revoke it, whichever is earlier. On termination you must promptly stop using all Brand Assets, remove them from your properties, and disable or remove your Referral Link and Discount Code, subject to Section 19.4.

6.6 Your marks. If you provide us with your name, logo, or marks, you grant us a limited, non-exclusive, royalty-free license to display them in connection with administering and, where relevant, publicly identifying the Program. We are not obligated to use them.

7. Affiliate obligations and required disclosures

7.1 Required disclosure. You must clearly and conspicuously disclose that you may receive compensation when someone purchases through your Referral Link or Discount Code. The disclosure must be:

  • (a) easy to notice and easy to understand, in plain language;
  • (b) placed close to and before the recommendation, Referral Link, or Discount Code, not buried in a bio, a footer, a separate page, or behind a "more" expander;
  • (c) present in each format you use, including on-screen and spoken disclosure in video and audio content; and
  • (d) not undermined by other statements you make.

7.2 Endorsement rules. Your promotion must comply with the U.S. Federal Trade Commission's Guides Concerning the Use of Endorsements and Testimonials in Advertising (16 C.F.R. Part 255) and any applicable local equivalents in the jurisdictions where your audience is located, including advertising-disclosure rules issued by the UK Competition and Markets Authority and Advertising Standards Authority, the Canadian Competition Bureau, the Australian Competition and Consumer Commission, and comparable authorities.

7.3 Truthful claims. Any statement you make about the Services must be accurate, current, and substantiated. You may not make performance, earnings, pricing, availability, feature, or comparison claims that are false, misleading, or that we have not published or approved. If a feature, price, or plan changes, you are responsible for updating your content within a reasonable time after you become aware of the change.

7.4 Your content and channels. You are solely responsible for your websites, videos, newsletters, social accounts, communities, and other properties, including their content, security, hosting, and compliance with the terms of any third-party platform you use.

7.5 Compliance with law. You must comply with all applicable laws and regulations in connection with your promotional activities, including advertising, consumer-protection, intellectual-property, privacy, anti-spam, export-control, and sanctions laws.

7.6 Platform rules. You must comply with the rules of every platform you promote on, including rules on paid promotion, disclosure labels, and affiliate content. A platform's permission does not override these Terms.

8. The Visuals.fm Partner Discount

8.1 What it is. Eligible new customers may receive the Visuals.fm Partner Discount: 20% off their first three months of an eligible monthly self-serve subscription.

8.2 Conditions. The Partner Discount:

  • (a) is available only to eligible new customers;
  • (b) applies only to qualifying monthly self-serve plans listed on the visuals.fm website;
  • (c) cannot be combined with annual pricing or with other promotions, offers, or discounts;
  • (d) does not apply to standalone credit purchases, add-ons, separately billed API usage, enterprise plans, custom services, taxes, or other Excluded Purchases; and
  • (e) may be changed, limited, or discontinued for future referrals at any time under Section 20.

8.3 New customers only. The Partner Discount is intended for new paying customers who have not previously held a paid Visuals subscription. Existing Visuals customers and customers who previously held a Visuals account are not eligible for the introductory Partner Discount. We determine eligibility in our reasonable discretion based on our records.

8.4 Returning customers. A former customer who cancels and later resubscribes is not eligible for a new-customer discount and does not generate new affiliate attribution or a new Commission Period. We may approve exceptions in writing for specific partnerships or win-back campaigns.

8.5 Presentation of the discount. You may present the Partner Discount only on the terms stated in this Section and only using the Discount Code issued to you. You may not describe the discount inaccurately, extend it, or offer it in combination with anything else, and you may not publish expired, fabricated, or unauthorized codes. See Sections 14 and 15.

8.6 No independent entitlement. The Partner Discount is an offer we make to eligible new customers. It creates no entitlement for you, and its availability does not guarantee any Commission.

9. Eligible purchases and Commission

9.1 Commission rate. For each Eligible Purchase attributed to you under Section 11, you earn a Commission of 25% of the Net Revenue for that purchase.

9.2 Commission Period. Commissions are earned on qualifying subscription payments made by a Referred Customer during the 12 months following that customer's first qualifying subscription payment. No Commission is earned on payments made after the Commission Period ends.

9.3 Eligible Purchases. Subject to Section 10, eligible subscription revenue includes:

  • (a) monthly self-serve subscription payments;
  • (b) annual self-serve subscription payments, based on the net amount paid;
  • (c) eligible subscription upgrades made during the Commission Period; and
  • (d) API access, AI credits, usage allowances, and other features included within the standard subscription price.

9.4 Calculation. Commissions are calculated from the net qualifying subscription amount actually received by Visuals after discounts, refunds, credits, chargebacks, and applicable taxes. Where a subscription is discounted, including by the Partner Discount, the Commission is calculated on the discounted amount actually paid.

9.5 Subscription changes. Eligible subscription changes made during the Commission Period, including upgrades and downgrades, may adjust the Commission based on the Referred Customer's net qualifying subscription payment for the relevant period.

9.6 Cancellation. If a Referred Customer cancels, previously earned valid Commissions remain subject to these Terms, and no further recurring Commission is earned after the customer stops making eligible subscription payments.

9.7 No cap on referrals. There is no preset limit on the number of eligible customers you may refer.

9.8 Currency and fees. Commissions are calculated and paid in U.S. dollars unless we state otherwise. You are responsible for any currency-conversion charges, bank fees, or payment-provider fees applied on your side.

10. Purchases that do not qualify

10.1 Commission is earned on subscription fees. Unless Visuals approves otherwise in writing, no Commission is earned on:

  • (a) one-time or standalone credit purchases;
  • (b) additional credit packs, add-ons, or usage purchased separately from the standard subscription fee;
  • (c) separately billed API usage or overages outside the customer's qualifying subscription;
  • (d) enterprise, custom, reseller, volume, or negotiated agreements, unless Visuals confirms in writing that the transaction is eligible;
  • (e) custom production, consulting, or professional services;
  • (f) taxes and payment-processing fees;
  • (g) refunded, disputed, fraudulent, unpaid, or self-referred transactions, as further described in Section 14.2(a);
  • (h) purchases by existing Visuals customers;
  • (i) purchases that cannot be reliably attributed; and
  • (j) transactions generated through prohibited promotional methods.

10.2 Plan entitlements are not excluded. For clarity, API access, AI credits, usage allowances, and other features included within the standard subscription price form part of that subscription fee. They are eligible subscription revenue under Section 9.3(d) and are not Excluded Purchases. Only amounts a customer pays separately from, or in addition to, the standard subscription fee fall under Sections 10.1(a) to 10.1(c).

10.3 Enterprise and non-self-serve arrangements. Enterprise, custom, reseller, volume, and other negotiated or non-self-serve agreements, including standalone API agreements and custom production, are excluded unless we confirm in writing that the transaction is eligible or approve a separate referral arrangement.

10.4 Review and voiding. We may review any transaction and void, reduce, or reverse Commissions created for Excluded Purchases, including after they have been approved or paid. See Section 18.

11. Attribution and the Referral Window

11.1 Last-touch attribution. The Program uses last-touch attribution. If a customer interacts with more than one Affiliate Partner before subscribing, the Commission is generally credited to the last valid affiliate link or code used before the qualifying conversion.

11.2 Referral Window. A referral can be tracked for up to 60 days after the customer's most recent eligible Affiliate Interaction. To qualify, the customer must complete a qualifying subscription within that 60-day window.

11.3 Attribution is final for that customer. Once a customer converts and is attributed, that attribution applies for that customer according to the Program rules then in effect, subject to Sections 10, 12, and 18.

11.4 Our determination controls. Attribution is determined by our tracking systems and records. Where attribution is unclear, disputed, or unreliable, we determine attribution in our reasonable discretion, and a purchase we cannot reliably attribute earns no Commission.

11.5 Attribution disputes. If you believe a referral was recorded incorrectly, contact support@visuals.fm within 60 days of the date the transaction should have appeared in your dashboard. We will review in good faith. Claims raised after that period may not be considered.

12. Commission review, payouts, and clawback

12.1 Review Period. Commissions remain pending for 60 days. This Review Period allows Visuals to account for refunds, chargebacks, fraud, self-referrals, subscription changes, Excluded Purchases, and payment adjustments.

12.2 Approval and payout cycle. Approved Commissions become eligible for the next applicable monthly payout cycle. Payout timing may be affected by banking schedules, payment-provider processing, verification checks, and holidays.

12.3 Conditions to payment. To receive a payout you must:

  • (a) be in good standing and not in breach of these Terms;
  • (b) have accurate, current, and complete payment and tax information on file, including the documentation described in Section 13; and
  • (c) meet any minimum payout threshold displayed in your affiliate dashboard.

12.4 Minimum threshold. Approved Commissions below the applicable minimum payout threshold roll forward and are paid once your approved balance meets or exceeds that threshold, or on termination as provided in Section 19.

12.5 Reversals and clawback. If a payment underlying a Commission is refunded, reversed, charged back, or otherwise adjusted, the associated Commission may be reduced or voided. If the Commission has already been paid, we may deduct the amount from a future payout, set it off against any amount we owe you, or request repayment, which you will make within 30 days of our written request.

12.6 Withholding pending investigation. We may withhold, delay, or place a hold on any payout while we investigate suspected fraud, abuse, a breach of these Terms, or a discrepancy in tracking, tax, or payment information, and we will complete such investigations within a reasonable time.

12.7 Unclaimed amounts. If we cannot pay you because your payment information is invalid, incomplete, or unresponsive to our requests, we will attempt to contact you at your account email. Amounts that remain unpayable for 12 months after we first attempt to contact you may be forfeited, except where applicable unclaimed-property law requires otherwise.

12.8 No other compensation. Commissions are the only compensation payable to you under these Terms. You are not entitled to any fee, retainer, bonus, reimbursement, or minimum payment.

13. Taxes

13.1 You are responsible for your taxes. You are solely responsible for determining, reporting, and paying all taxes, levies, and duties arising from Commissions paid to you, including income, self-employment, sales, use, VAT, GST, and similar taxes. Visuals does not withhold employment taxes and does not make employment-related contributions on your behalf.

13.2 Tax documentation. You must provide a valid IRS Form W-9, Form W-8BEN, Form W-8BEN-E, or the equivalent documentation applicable to you, and any additional tax or identity documentation we reasonably request. You must promptly update this documentation if your information changes.

13.3 Withholding and reporting. We may withhold from payouts any amounts required by applicable law, including backup withholding and non-resident withholding, and we may report payments to tax authorities as required. Amounts withheld are treated as paid to you for purposes of these Terms.

13.4 Gross amounts. Commissions are stated inclusive of any taxes that you are responsible for. Where a payment to you is subject to VAT, GST, or a similar tax that you must account for, you are responsible for that tax.

14. Promotional guidelines and prohibited conduct

14.1 Encouraged promotion. Affiliate Partners are encouraged to promote Visuals through:

  • (a) original tutorials and demonstrations;
  • (b) product reviews and comparisons;
  • (c) YouTube videos and social content;
  • (d) music-production and artist communities;
  • (e) newsletters, blogs, and educational resources; and
  • (f) direct recommendations to relevant customers.

14.2 Prohibited conduct. You may not:

  • (a) refer yourself, or create or arrange accounts for the purpose of earning your own Commission, including purchases made on your behalf or by a household member, employee, or entity you control;
  • (b) use cookie stuffing, forced clicks, misleading redirects, iframe or pop-under injection, typosquatting, or similar techniques;
  • (c) make false or misleading claims about Visuals, its Services, its pricing, or its performance;
  • (d) impersonate Visuals or suggest that you are an employee or official representative of Visuals;
  • (e) bid on "Visuals.fm," "Visuals FM," misspellings, or related branded terms through paid advertising;
  • (f) use Visuals trademarks in domain names or social handles without permission;
  • (g) offer unauthorized cashback, rebates, bonuses, or additional incentives;
  • (h) publish fake, expired, or unauthorized discount codes;
  • (i) send spam or unsolicited commercial messages;
  • (j) promote Visuals through illegal, deceptive, hateful, or otherwise inappropriate content;
  • (k) use automated means, bots, incentivized traffic, click farms, or purchased traffic to generate Affiliate Interactions;
  • (l) interfere with another Affiliate Partner's tracking or attribution; or
  • (m) engage in any conduct prohibited by the Acceptable Use section of the Terms of Service.

14.3 Paid advertising. Paid advertising of any kind requires our prior written approval. Bidding on "Visuals.fm," "Visuals FM," misspellings, discount-related branded searches, or other Visuals trademarks is prohibited in all cases, including in ad copy, display URLs, and keyword targeting.

14.4 Consequences. Violations may result in voided Commissions, withheld payouts, suspension, or removal from the Program, in addition to any other remedy available to us under these Terms or applicable law.

15. Coupon, deal, cashback, and browser-extension platforms

15.1 General position. Visuals does not generally approve websites or properties whose primary purpose is collecting coupons, intercepting branded searches, offering cashback, or distributing discount codes without substantive original content.

15.2 Permitted use of your code. You may share your official Discount Code within legitimate content such as tutorials, reviews, videos, newsletters, and educational resources.

15.3 Prior written approval required. Coupon, deal, cashback, loyalty, and browser-extension platforms require our prior written approval. Unauthorized placement of a Referral Link or Discount Code on these platforms may result in Commissions being voided.

15.4 Mixed properties. A website that includes a deals section is not automatically prohibited. We consider the overall quality, audience, originality, and promotional methods of each applicant.

15.5 Sub-affiliate networks. You may not enroll, operate, or distribute your Referral Link or Discount Code through a sub-affiliate network, incentive network, or similar redistribution arrangement without our prior written approval.

16. Confidentiality

16.1 Confidential Information. In connection with the Program you may receive non-public information of Visuals, including unreleased features, pricing not published on our website, program performance data, conversion and payout data specific to your account, and business plans ("Confidential Information").

16.2 Obligations. You will use Confidential Information only to perform under these Terms, protect it with at least reasonable care, and not disclose it except to personnel and advisors who need it and are bound by confidentiality obligations at least as protective as these.

16.3 Exclusions. These obligations do not apply to information that is or becomes public through no fault of yours, was already known to you without a duty of confidentiality, is independently developed without use of Confidential Information, or is rightfully received from a third party without restriction.

16.4 Compelled disclosure. You may disclose Confidential Information if required by law, provided that, where legally permitted, you give us prompt notice and reasonable cooperation to seek protective treatment.

16.5 Survival. This Section survives termination for three (3) years, and indefinitely for information that qualifies as a trade secret under applicable law.

17. Data protection and privacy

17.1 Privacy Policy. Our collection and use of personal information, including the information you provide when you apply to the Program and the information we process to administer referrals, Commissions, and payouts, is described in our Privacy Policy, which is incorporated into these Terms under Section 1.4.

17.2 No access to customer personal data. Affiliate Partners do not process Visuals customer personal data on our behalf and are not our processors or service providers for that purpose. We do not provide Affiliate Partners with customer email addresses, and we may limit or withhold other customer information for privacy, security, and legal reasons. You may not attempt to identify, contact, or compile information about individual Referred Customers using data shown in your dashboard.

17.3 Your own marketing. You are independently responsible, as a controller or business in your own right, for personal information you collect and use in your own marketing. You must comply with applicable privacy, data-protection, and anti-spam laws, including, where they apply to your activities, the CAN-SPAM Act, the Telephone Consumer Protection Act, the EU General Data Protection Regulation and UK GDPR, and Canada's Anti-Spam Legislation. This includes obtaining any required consent, honoring opt-outs and unsubscribe requests promptly, identifying yourself accurately in commercial messages, and maintaining your own privacy notice where required.

17.4 Cookies and tracking on your properties. If your promotion relies on cookies, pixels, or similar technologies on your own properties, you are responsible for any notice and consent required in the jurisdictions where your audience is located.

17.5 No sale or sharing of Visuals data. You may not sell, share, license, or otherwise disclose to any third party any data you obtain through the Program, including dashboard data and Confidential Information.

17.6 Incidents. If you become aware of any unauthorized access to, or disclosure of, information you received through the Program, you must notify us at privacy@visuals.fm without undue delay and cooperate reasonably in our response.

18. Audit, verification, and voiding of Commissions

18.1 Verification. We may review, verify, and audit Affiliate Interactions, attribution, traffic sources, promotional content, and Commissions at any time, including through automated fraud and quality checks.

18.2 Information requests. On our reasonable request, you will promptly provide information about your promotional methods, traffic sources, placements, disclosure practices, and the identity of any third party promoting on your behalf.

18.3 Right to void. We may void, reduce, reverse, or withhold any Commission that we reasonably determine arises from an Excluded Purchase, a prohibited promotional method, inaccurate or manipulated tracking, self-referral, fraud, or any breach of these Terms. Where we void a Commission that has already been paid, Section 12.5 applies.

18.4 Records. You will keep reasonable records of your promotional activities during the term and for 12 months afterward, and make them available to us on reasonable request in connection with a verification under this Section.

18.5 Good faith. We will exercise the rights in this Section in good faith and, where practicable, tell you the basis for a decision to void or withhold a Commission.

19. Term and termination

19.1 Term. These Terms begin when you first accept them or are approved for the Program, whichever is earlier, and continue until terminated as described in this Section.

19.2 Termination by either party. Either party may terminate these Terms and your participation in the Program at any time, with or without cause, by giving notice to the other. Notice to you may be given by email or through the affiliate dashboard.

19.3 Immediate termination and suspension. We may suspend your participation, disable your Referral Link and Discount Code, or terminate these Terms immediately and without prior notice if we reasonably believe you have breached Section 6, 7, 14, 15, 16, or 17, engaged in fraud or abuse, or created a legal, security, or reputational risk to Visuals or its customers.

19.4 Effect of termination. On termination:

  • (a) your Referral Link and Discount Code stop working, and you must promptly remove them and all Brand Assets from your properties;
  • (b) the license in Section 6 terminates immediately;
  • (c) no Commission is earned on any conversion occurring after the effective date of termination, regardless of when the Affiliate Interaction occurred;
  • (d) Commissions that were approved before termination and that meet the conditions in Section 12 are paid in the ordinary payout cycle, and any applicable minimum payout threshold is waived for the final payout; and
  • (e) Commissions that are still pending at termination complete their Review Period and, if approved, are paid in the ordinary payout cycle, except as provided in Section 19.5.

19.5 Termination for cause. If we terminate for your breach, fraud, or abuse, we may void all pending Commissions and any approved but unpaid Commissions associated with the conduct in question, and may recover Commissions already paid on affected transactions.

19.6 Survival. Sections 5 (Relationship of the parties), 6.3 (Reservation of rights), 12.5 (Reversals and clawback), 13 (Taxes), 16 (Confidentiality), 17 (Data protection and privacy), 18 (Audit and verification), 21 (Disclaimers), 22 (Limitation of liability), 23 (Indemnification), 24 (Governing law), 25 (Dispute resolution), 26 (General), and 28 (Precedence) survive termination.

20. Modification of the Program and these Terms

20.1 Program changes. We may update Commission rates, discounts, eligibility requirements, attribution rules, payout schedules, minimum thresholds, eligible and excluded purchase categories, promotional guidelines, and other Program terms. Changes apply prospectively to future activity and do not reduce Commissions already earned and approved before the change takes effect.

20.2 Notice of material changes. If we make a material change to the Program or to these Terms, we will give reasonable notice by email or through the affiliate dashboard before it takes effect. Changes are not retroactive.

20.3 Continued participation. Your continued participation in the Program after the effective date of an updated version means you accept the change. If you do not agree, you must stop participating and may terminate under Section 19.2 before the change takes effect.

20.4 Discontinuing the Program. We may modify, suspend, or discontinue the Program in whole or in part at any time. If we discontinue the Program, we will give reasonable advance notice and will pay Commissions that are earned and approved, or that complete their Review Period and are approved, under Section 19.4.

21. Disclaimers; no guarantee of earnings

21.1 No earnings guarantee. Visuals makes no representation, warranty, or guarantee about the amount of income, Commissions, traffic, clicks, conversions, sign-ups, or sales you will receive. Any figures, examples, or projections we publish are illustrative only and are not a promise of results. Your results depend on factors outside our control, including your audience, content, and effort.

21.2 No guarantee of continuity. We do not guarantee that the Program, any Commission rate, the Partner Discount, any plan, price, or feature of the Services, or any tracking method will continue or remain unchanged.

21.3 Tracking and availability. We do not warrant that referral tracking, the affiliate dashboard, or the Services will be uninterrupted, error-free, or free of inaccuracies, or that every Affiliate Interaction will be captured. See Section 4.4.

21.4 "As is." Except as expressly stated in these Terms, and to the fullest extent permitted by law, the Program, the affiliate dashboard, the Brand Assets, and all related materials are provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

21.5 Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you.

22. Limitation of liability

22.1 To the fullest extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, business opportunity, or goodwill, arising out of or relating to the Program or these Terms, even if advised of the possibility of such damages. This includes any claim based on lost or anticipated Commissions.

22.2 To the fullest extent permitted by law, Visuals' total aggregate liability arising out of or relating to the Program or these Terms will not exceed the greater of (a) the total Commissions paid to you by Visuals in the twelve (12) months before the event giving rise to the claim, or (b) one hundred U.S. dollars (US$100).

22.3 The limitations in this Section do not apply to (a) your indemnification obligations under Section 23, (b) your breach of Section 6 (Brand Assets), Section 16 (Confidentiality), or Section 17 (Data protection and privacy), (c) your repayment obligations under Section 12.5, or (d) liability that cannot be limited or excluded under applicable law.

22.4 The parties agree that these limitations are a fundamental basis of the bargain and allocate risk between them given the nature of the Program and the Commissions payable.

23. Indemnification

23.1 By you. You will defend, indemnify, and hold harmless Visuals and its officers, directors, employees, and agents from and against any third-party claims, damages, liabilities, fines, penalties, costs, and expenses (including reasonable legal fees) arising out of or relating to:

  • (a) your promotional activities, content, websites, communications, and channels;
  • (b) your breach of these Terms, including Sections 6, 7, 14, 15, 16, and 17;
  • (c) your failure to make a required disclosure or your violation of advertising, endorsement, consumer-protection, privacy, or anti-spam law;
  • (d) your infringement or violation of any third party's intellectual property, privacy, publicity, or other rights;
  • (e) any claim that you acted as an agent, employee, or representative of Visuals; or
  • (f) any tax, withholding, or contribution obligation arising from Commissions paid to you.

23.2 Process. We will promptly notify you of a claim for which we seek indemnification, and you will control the defense with counsel reasonably acceptable to us. We may participate at our own expense. You may not settle a claim in a way that imposes any obligation, payment, or admission on Visuals without our prior written consent.

24. Governing law

24.1 These Terms are governed by the laws of the State of Florida and applicable U.S. federal law, without regard to conflict-of-laws rules. Subject to Section 25 (Dispute Resolution), the state and federal courts located in Miami-Dade County, Florida have exclusive jurisdiction over any matter not subject to arbitration, and the parties consent to that jurisdiction and venue.

25. Dispute resolution; arbitration; class-action waiver

Please read this Section carefully. It affects your legal rights, including your right to go to court.

25.1 Informal resolution first. Before starting an arbitration, you agree to contact us at support@visuals.fm and try in good faith to resolve the dispute informally for at least 30 days.

25.2 Binding arbitration. Except as stated below, any dispute, claim, or controversy arising out of or relating to these Terms or the Program will be resolved by binding arbitration administered by JAMS under its applicable rules, rather than in court. The Federal Arbitration Act (FAA) governs the interpretation and enforcement of this Section.

25.3 Individual basis; class-action waiver. Arbitration will be conducted only on an individual basis and not as a class, collective, consolidated, or representative action. You and Visuals waive any right to a jury trial and to participate in a class or representative proceeding. The arbitrator may not consolidate more than one person's claims.

25.4 Location and process. The seat of arbitration is Miami, Florida. Hearings may be conducted in Miami-Dade County, Florida, by video, or by document submission as the rules allow. The arbitrator has authority to grant any remedy a court could grant on an individual basis.

25.5 30-day opt-out. You may opt out of this arbitration agreement within 30 days of first accepting these Terms by sending written notice to support@visuals.fm with your name, affiliate account, and a clear statement that you opt out of arbitration. If you opt out, Section 24 (courts in Miami-Dade County) applies to your disputes.

25.6 Exceptions. Either party may (a) bring an individual claim in small-claims court if it qualifies, and (b) seek injunctive or equitable relief in court for actual or threatened infringement or misuse of intellectual property or Confidential Information.

25.7 Severability. If the class-action waiver in 25.3 is found unenforceable, then the entire arbitration agreement (except this sentence) will be void as to that claim, and the claim will proceed in the courts identified in Section 24. If any other part of this Section is found unenforceable, the rest remains in effect.

26. General

26.1 Entire agreement. These Terms, together with the Privacy Policy, any usage guidelines we provide, and any written approval we give under these Terms, are the entire agreement between you and Visuals about the Program and supersede all prior affiliate, referral, or partner program terms and communications on the same subject.

26.2 Assignment. You may not assign or transfer these Terms, your affiliate account, your Referral Link, or your Discount Code without our prior written consent. We may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of assets. Any attempted assignment in violation of this Section is void.

26.3 No waiver. Our failure to enforce a provision is not a waiver of it, and no single or partial exercise of a right prevents further exercise of that or any other right.

26.4 Severability. If a provision is found unenforceable, the rest remains in effect and the unenforceable provision is modified to the minimum extent needed.

26.5 Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control, including acts of God, natural disasters, war, civil unrest, labor disputes, governmental action, internet or utility failures, and failures of third-party payment or infrastructure providers.

26.6 Notices. We may give notices by email to the address on your affiliate account or through the affiliate dashboard, and such notices are effective when sent. Legal notices to Visuals should be sent to Alphana, Inc., 382 NE 191st St, PMB 31968, Miami, FL 33179, with a copy to support@visuals.fm.

26.7 Set-off. We may set off any amount you owe us under these Terms against any amount we owe you.

26.8 Export and sanctions. You represent that you are not on a restricted-party list and will not participate in the Program in violation of export-control or sanctions laws. We may decline to approve or pay any Affiliate Partner where doing so would violate those laws.

26.9 Headings and interpretation. Headings are for convenience only. "Including" means "including without limitation."

27. Electronic communications, transactions, and signatures

27.1 By applying to the Program, sending us email, or completing forms or transactions in the affiliate dashboard, you consent to receive communications from us electronically, including by email and through in-dashboard notices. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing.

27.2 You consent to the use of electronic records and electronic signatures, and you agree that your electronic acceptance, records, and signatures relating to the Program are legally binding and satisfy any requirement for a signature or an original record, to the fullest extent permitted by law.

28. Precedence over the Program Overview

28.1 The Program Overview and any other summary, help-center article, marketing page, dashboard label, or FAQ describing the Program is provided for convenience and general guidance only. It is not the contract.

28.2 If the Program Overview or any other summary conflicts with these Terms, these Affiliate Program Terms control.

29. Contact

  • Affiliate Program and general questions: start a chat with us from the messenger on visuals.fm, or email support@visuals.fm
  • Legal notices, attribution disputes, and arbitration opt-outs: support@visuals.fm
  • Privacy: privacy@visuals.fm
  • Legal entity: Alphana, Inc., a Delaware corporation, 382 NE 191st St, PMB 31968, Miami, FL 33179
  • Brand: Visuals / visuals.fm — website at visuals.fm, app at app.visuals.fm

Visuals — every song deserves to be seen.

Questions about this policy? Contact us at support@visuals.fm