Affiliate Program Terms

1. Program overview and agreement

The Hi, Moose affiliate program (the "Program") allows approved Affiliates to earn commissions for referring new paying customers to Hi, Moose through an approved referral link and associated tracking methods. Participation is subject to our approval and ongoing compliance with these Affiliate Program Terms ("Terms").

The Program is operated by Farmball, LLC, an Austin, Texas company ("Hi, Moose," "we," "us," "our"). By applying to, enrolling in, or participating in the Program, you ("Affiliate," "you," "your") agree to these Terms.

If you are participating on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and "you" refers to that entity.

2. Eligibility and enrollment

2.1 Application and approval

You must submit an application through our affiliate signup flow.
We may accept or reject any application in our sole discretion.
You may not participate until you receive explicit approval from us and are issued (or confirmed) an affiliate code.

2.2 Accurate information

You agree to provide and maintain true, complete, and accurate information, including legal name, business/entity type, address, and payout/tax details.

2.3 Account access

You are responsible for maintaining the security of your affiliate login credentials and for all activity under your account.

3. Affiliate links, codes, and tracking

3.1 Affiliate code

Your affiliate code is case-insensitive; we treat it as lowercase for tracking and reporting.
Your code must be alphanumeric with optional hyphens (e.g., my-code-123).
We may restrict, reclaim, or require changes to codes that are misleading, infringing, offensive, or reserved.

3.2 Link options

We may provide multiple link destinations (e.g., sign-up, home, pricing). Only approved link formats provided by us are permitted.

3.3 Tracking and attribution

We track referrals using parameters (e.g., ref=yourcode) and/or cookies and other first-party methods.
A referral is attributed to you when our systems record a valid tracking event and the referred user becomes a new paid subscriber within a 30-day attribution window from the tracked event (see Section 5).
Tracking is not guaranteed in all circumstances (e.g., ad blockers, privacy settings, cookie restrictions, device changes). We will use commercially reasonable efforts to track referrals, and our tracking records will be the source of truth for commission calculations.

3.4 Prohibited interference

You may not interfere with tracking, attribution, cookies, URLs, redirects, or analytics, including through stuffing, forced clicks, cookie dropping, or deceptive redirects.

4. Marketing and promotional requirements

4.1 Permitted promotion

You may promote Hi, Moose via content, reviews, videos, newsletters, and social posts that comply with these Terms and applicable laws.

4.2 Required disclosures (FTC and similar)

You must clearly and conspicuously disclose your affiliate relationship wherever required, including following FTC endorsement and testimonial guidelines and any platform rules (e.g., YouTube, TikTok, Instagram).

4.3 Prohibited marketing practices

You may not:

Misrepresent Hi, Moose, our pricing, features, or policies.
Use false, deceptive, or misleading claims (including fake reviews).
Engage in spam, unsolicited messaging, or bulk emailing without proper consent.
Use malware, adware, spyware, or deceptive software.
Create "coupon" or "deal" listings without written approval, if we do not offer such discounts.
Bid on our trademarks or brand terms in paid search (e.g., "Hi, Moose", "himoose", "Farmball") without written approval.
Use domains, social handles, or ads that impersonate Hi, Moose or could confuse users as to affiliation.
Place, publish, distribute, or promote affiliate links or other Hi, Moose promotional content on websites, pages, apps, accounts, channels, or networks that contain, promote, or are primarily associated with pornography or sexually explicit content, illegal activity, gambling, scams, fraud, spam, malware, hate, violence, or other content we determine is objectionable or harmful to our brand.

4.4 Content standards

We may require you to remove, edit, or stop any promotion that we believe harms our brand, violates law, violates platform rules, or violates these Terms.

5. Commissions and earnings

5.1 Commission rate and duration

Commission is 30% of Eligible Subscription Revenue (defined below).
Commission eligibility lasts for up to 12 months per referred customer while the customer maintains an active paid subscription.
If the customer upgrades or downgrades their plan during the eligible period, the 30% rate applies to the new plan's Eligible Subscription Revenue.

5.2 Eligible Subscription Revenue (what commissions are calculated on)

"Eligible Subscription Revenue" means the base subscription plan price actually paid by the customer for a paid plan up to and including Premium, excluding:

subscription revenue from Agent plans,
project add-on fees, credit top-ups, and other usage credits,
any usage-based charges for "listen to this article" listens above the included monthly allotment (e.g., over the first 10,000 listens included with each paid plan),
custom solutions, professional services, implementation services, consulting fees, training, or one-off fees,
taxes, VAT, GST, and similar governmental charges,
fees assessed by payment processors or banks (unless we explicitly state otherwise in writing),
amounts that are refunded, credited, reversed, or charged back.

We may update the definition of Eligible Subscription Revenue for new offerings with notice under Section 17.

5.3 Net-30 payout timing

Commissions become eligible for payout net-30, meaning we mark earnings "confirmed" no earlier than 30 days after we receive the corresponding subscription payment, provided the transaction has not been refunded or charged back.

5.4 Minimum payout thresholds and wire fees

Minimum payout: $25.00 USD. Affiliate is responsible for any fees from their chosen payout method.
For wire transfers, minimum payout is $50.00 USD, and the Affiliate is responsible for wire fees.
If a wire fee applies, it will be deducted from your earnings at payout time.

5.5 Our calculation is authoritative

We calculate commissions based on our internal records (including billing records). Our determinations regarding tracked referrals, Eligible Subscription Revenue, commission amounts, and adjustments are final, absent manifest error.

6. Adjustments: refunds, chargebacks, fraud

6.1 Refunds and chargebacks

If a referred transaction is refunded, charged back, reversed, disputed, or otherwise not ultimately retained as revenue, the related commission will be voided and may be deducted from current or future earnings.

6.2 Fraudulent or invalid conversions

We may withhold, reduce, or reverse commissions for conversions we reasonably determine are fraudulent, invalid, or in violation of these Terms, including (without limitation):

self-referrals or referrals by household members (unless explicitly allowed in writing),
incentivized traffic without disclosure/approval,
bots, click farms, forced clicks, cookie stuffing,
fake signups, stolen payment methods, or other abuse.

6.3 Suspension and forfeiture

If we determine (in our reasonable judgment) that you engaged in fraud or material violations, we may:

suspend or terminate your participation,
withhold payouts,
forfeit unpaid commissions,
require removal of promotional content.

7. Taxes and required forms

You are responsible for all taxes arising from commissions. You must provide required tax documentation before receiving payout, including:

U.S. persons: IRS Form W-9.
Non-U.S. individuals: IRS Form W-8BEN.
Non-U.S. entities: IRS Form W-8BEN-E.

You agree that we may report payments as required by law and may withhold amounts where required (e.g., due to missing or invalid forms or legal obligations).

8. Payout methods and payout information

You may choose an available payout method (currently PayPal, ACH (U.S.), or wire transfer; we may change the available payout methods from time to time). You must provide accurate payout details.

We are not responsible for delays or failures caused by incorrect payout information, banking issues, PayPal limitations, or intermediary bank fees.

9. Relationship of the parties

You are an independent contractor. Nothing in these Terms creates any partnership, joint venture, agency, employment, or fiduciary relationship.

You have no authority to bind Hi, Moose or Farmball, LLC.

10. Intellectual property and brand use

10.1 Our IP

We retain all rights in our trademarks, brand, logos, site, and products.

10.2 Limited license

We grant you a limited, revocable, non-exclusive, non-transferable license to use our approved marketing assets solely to promote Hi, Moose under these Terms.

10.3 Restrictions

You may not:

modify or create derivative works of our brand assets without permission,
use our marks in a way that implies you are Hi, Moose or officially endorsed beyond being an affiliate,
register confusingly similar domains, handles, or trademarks.

We may revoke this license at any time.

11. Confidentiality

If we share non-public information with you (e.g., roadmap, pricing changes before launch), you agree to keep it confidential and use it only for participation in the Program.

12. Privacy and data

You must comply with applicable privacy laws. If you collect user data, you must provide appropriate notices and obtain required consents.

You may not share personal data of referred users with third parties except as legally required.

13. Disclaimers

The Program, tracking, and reporting are provided "as is." We do not guarantee uninterrupted availability or error-free tracking.

To the maximum extent permitted by law, we disclaim all warranties, express or implied, including fitness for a particular purpose and non-infringement.

14. Limitation of liability

To the maximum extent permitted by law, Hi, Moose and Farmball, LLC will not be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits or revenue, even if advised of the possibility.

Our total liability relating to the Program will not exceed the commissions paid to you in the three (3) months preceding the event giving rise to the claim.

15. Indemnification

You agree to defend, indemnify, and hold harmless Hi, Moose and Farmball, LLC from claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

your promotions, content, or marketing,
your violation of these Terms or applicable laws,
your infringement or misappropriation of any rights of a third party.

16. Term, termination, and survival

16.1 Term

These Terms begin when you apply or participate and continue until terminated.

16.2 Termination

Either party may terminate participation at any time. We may suspend or terminate immediately for suspected fraud, legal risk, or material violation.

16.3 Effect of termination

Upon termination:

you must stop using affiliate links and brand assets,
we may pay confirmed, eligible commissions that meet payout minimums, unless prohibited by law or withheld under Section 6,
unpaid commissions below thresholds may be carried forward only if reinstated (at our discretion).

Sections intended to survive termination will survive, including commissions adjustments, IP, confidentiality, disclaimers, limitation of liability, indemnification, and dispute terms.

17. Changes to the Program or Terms

We may modify the Program or these Terms at any time. We will provide notice by updating this page or by email. Changes apply going forward from the effective date of the update.

Your continued participation after changes become effective constitutes acceptance.

18. Governing law and dispute resolution

These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles.

Before filing a formal claim, you agree to email us at [email protected] describing the dispute and give us 30 days to try to resolve it with you informally. Most issues get sorted out this way.

If we cannot resolve it, then except for disputes that qualify for small-claims court or claims for injunctive relief to protect intellectual property or confidential information, any dispute arising out of or relating to these Terms or the Program will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration will be held in Austin, Texas, or by videoconference if you prefer, and the AAA rules govern the allocation of filing, administration, and arbitrator fees.

Arbitration is on an individual basis. You and Farmball, LLC each waive any right to a jury trial and any right to bring or participate in a class, collective, or representative action. This class-action waiver is an essential part of this section and is not severable from it: if the waiver is found unenforceable as to a particular dispute, that dispute must be heard in court on an individual basis, not in a class or collective arbitration.

If 25 or more demands for arbitration raising similar claims are filed against us in a coordinated way, you and we agree they will be administered in batches, with one batch of up to 50 demands proceeding at a time before a single arbitrator per batch, so the process stays workable for everyone.

You can opt out of this arbitration agreement entirely by emailing [email protected] within 30 days of first accepting these Terms, stating your name, the email on your affiliate account, and that you are opting out of arbitration. Opting out does not affect any other part of these Terms.

For any dispute that is not subject to arbitration, you and we consent to the exclusive jurisdiction and venue of the state and federal courts located in Travis County, Texas.

19. Miscellaneous

Assignment: You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or sale of assets.
Severability: If any provision is unenforceable, the remainder remains in effect.
Entire agreement: These Terms are the entire agreement regarding the Program and supersede prior discussions about the Program.
No waiver: Failure to enforce a provision is not a waiver.

20. Contact

Questions about the Program or these Terms? Reach us at [email protected].