Affiliate Program Terms

These Affiliate Program Terms (the “Program Terms”) are an agreement between you and Light Year Interactive Inc. (“Light Year Interactive,” “we,” “us,” or “our”) governing your participation in the Tone Caliper Affiliate Program (the “Program”).

By applying to or participating in the Program, you agree to these Program Terms. They supplement our Terms of Service. If the two conflict with respect to the Program, these Program Terms control.

1. The Program

The Program allows approved participants (“Affiliates”) to earn commissions on qualifying purchases of the Tone Caliper desktop application that they refer.

We administer the Program using Rekomi, a third-party affiliate platform that provides application processing, referral tracking, affiliate dashboards, commission records and payouts. Qualifying purchases are processed by Polar, our Merchant of Record.

2. Enrollment

You may apply through the application form linked from tonecaliper.com/affiliates. Applications are reviewed by a person, normally within 24–48 hours, and we may accept or decline an application at our discretion.

The Program is open to photographers, creators, bloggers, newsletter writers, educators, publishers and others with a genuine interest in sharing Tone Caliper. There is no minimum audience size. However, your website, channel, publication or intended method of promotion must be genuine and appropriate for the Program.

You must:

• Be at least 18 years old and legally capable of entering into a binding agreement;
• Provide complete and accurate application and payout information;
• Keep your information current;
• Maintain no more than one Affiliate account unless we authorize otherwise; and
• Comply with Rekomi’s applicable platform and payout terms.

Enrollment is personal to you and may not be sold, transferred, sublicensed or shared.

3. Referrals and tracking

After approval, you will receive a personal referral link.

When a visitor follows your referral link to our website, Rekomi uses a first-party cookie or similar technology to record the referral for 60 days, subject to the visitor’s browser settings and any consent choices required by applicable law.

A qualifying purchase completed during that period may be attributed to you, including a purchase completed after the buyer uses Tone Caliper’s free trial. If more than one Affiliate refers the same buyer, the most recent eligible referral generally receives the commission.

Tracking is technical and cannot be guaranteed. Attribution may be unavailable if the buyer:

• Blocks, rejects or deletes cookies;
• Uses a different browser or device;
• Uses a referral-blocking or privacy tool;
• Purchases after the tracking period expires; or
• Purchases through a channel that the tracking system cannot reach.

Rekomi’s records are the Program’s system of record, subject to correction for technical errors, refunds, fraud or misuse. If you believe a sale was incorrectly attributed, contact us within 30 days of the purchase. We will review the available records in good faith, but we cannot credit a referral without reasonable supporting evidence.

You must not include names, email addresses, sensitive information or other personal data in referral-link parameters.

4. Commissions

The standard commission is 20% of the Commissionable Amount for each qualifying sale.

The “Commissionable Amount” is the purchase price after discounts, credits and similar reductions, excluding sales tax, VAT and other taxes collected and remitted by our Merchant of Record. Polar’s processing fees and Rekomi’s fees do not reduce the Commissionable Amount.

Qualifying sales are completed purchases of a Tone Caliper desktop application license that Rekomi validly attributes to you.

The following are not qualifying sales:

• Purchases through Apple’s App Store, including purchases of the Tone Caliper iPad application;
• Free trials or $0 orders;
• Refunded, reversed, disputed or charged-back purchases;
• Self-referrals;
• Purchases made by you, on your behalf or using funds provided by you;
• Purchases generated through fraud or a violation of these Program Terms; and
• Purchases of products that we have not expressly included in the Program.

A full refund or chargeback reverses the entire associated commission. A partial refund reverses the corresponding portion of the commission.

5. Payouts

Payouts are administered through Rekomi.

Eligible commissions are paid monthly after they have passed a 30-day grace period and your payable balance has reached at least USD $50. Balances below the minimum threshold roll forward to a future payout period.

Rekomi or its payment providers may deduct applicable withdrawal, receiving, currency-conversion or similar transaction fees from the amount delivered to you. These fees may vary depending on your country and payout method.

You are responsible for:

• Providing accurate payout information;
• Completing any identity or tax documentation required by Rekomi or its payment providers; and
• Reporting and paying any taxes applicable to your Program earnings.

We may delay or withhold a payout while required documentation is missing, a payout account is incomplete, or suspected fraud or misuse is reasonably being investigated.

If a commission is reversed after it has been paid, the amount may be deducted from future commissions. If there are insufficient future commissions, we may request repayment of the reversed amount.

If your participation ends without breach, valid commissions will be paid after the grace period. We may issue a final payout below the normal USD $50 threshold, subject to applicable payout-provider fees and minimum transfer requirements.

6. Promotion rules

As an Affiliate, you must not:

• Bid on “Tone Caliper,” our domain name or confusingly similar terms, including misspellings, in paid search advertising;
• Use our name or marks in paid-advertising display URLs;
• Use your referral link in paid advertising without our prior written permission;
• Register or use a domain name, subdomain, social media handle, account name or application name containing our name or marks;
• Impersonate Tone Caliper, Light Year Interactive or any of our employees or representatives;
• Suggest that you are employed by, officially represent or can make commitments on behalf of Light Year Interactive;
• Promote through spam, unsolicited email, unsolicited messages or other communications that violate applicable law or platform rules;
• Use forced clicks, misleading redirects, cookie stuffing, hidden frames, toolbars, browser extensions or any mechanism that records a referral without a genuine and deliberate action by the visitor;
• Offer cashback, rebates, rewards or other incentives for using your link without our prior written permission;
• Publish discount or coupon codes that we did not expressly provide for public distribution;
• Submit our discount codes to coupon, deal or discount-aggregation websites without permission;
• Make false, misleading or unsupported claims about Tone Caliper;
• Misrepresent Tone Caliper’s features, pricing, availability or expected results;
• Distribute unauthorized copies, license keys or modified versions of Tone Caliper; or
• Promote Tone Caliper alongside unlawful, fraudulent, deceptive, discriminatory, hateful or rights-infringing content.

Your statements about Tone Caliper must reflect your honest opinions and genuine experience. Participation in the Program does not require you to publish a positive review.

You must clearly and prominently disclose your affiliate relationship whenever you promote Tone Caliper. The disclosure must appear with the endorsement and be difficult to miss, including in posts, videos, descriptions, stories, newsletters and other formats.

Depending on the context, appropriate disclosures may include:

• “I may earn a commission if you purchase through this link.”
• “Paid link.”
• “#ad”
• The platform’s applicable paid-partnership label

You are responsible for following applicable advertising and endorsement laws, including requirements applying in Canada, the United States, the United Kingdom and any other jurisdiction where you or your audience is located.

7. Use of our name and materials

While you remain enrolled in the Program, we grant you a limited, revocable, non-exclusive, non-transferable and non-sublicensable license to use the Tone Caliper name, logo and marketing materials we provide solely to promote Tone Caliper in accordance with these Program Terms.

You may use accurate screenshots and screen recordings of Tone Caliper and your own honest depictions of the application.

You may not materially alter our logos or other brand assets, except to resize them proportionally or as otherwise permitted by our brand guidelines.

This license ends immediately when your participation in the Program ends. All goodwill arising from your use of our name and marks accrues to Light Year Interactive.

8. Privacy and third-party services

Your use of Rekomi and its payout services is also subject to Rekomi’s terms, privacy policy and cookie policy. Rekomi, Polar and their payment providers may process information necessary to operate the Program, attribute purchases, prevent fraud and complete payouts.

Our handling of personal information is described in our Privacy Policy. You are responsible for complying with applicable privacy and data-protection requirements in your own promotional activities.

We are not responsible for outages, account restrictions or delays caused by Rekomi, Polar, Stripe, PayPal or another third-party provider, but we will make reasonable efforts to help resolve issues affecting legitimate commissions or payouts.

9. Term and termination

Either you or we may end your participation at any time, with or without cause, by written notice. Email is sufficient.

We may also pause your account while investigating suspected fraud, misuse or a violation of these Program Terms.

If your participation ends without breach, commissions from qualifying sales completed before termination remain payable under Section 5.

If we terminate your participation for fraud, a material breach of these Program Terms or referrals generated through prohibited activity, unpaid commissions arising from that activity are forfeited and affected commissions may be reversed.

Any provision that by its nature should survive termination will survive, including provisions concerning commission reversals, payments, intellectual property, limitations of liability and governing law.

10. Relationship

You participate as an independent contractor. Nothing in the Program creates an employment, agency, franchise, partnership, fiduciary or joint-venture relationship between you and Light Year Interactive.

You may not make commitments, warranties or representations on our behalf.

The Program is non-exclusive. You may promote other products, and we may work with other Affiliates or use other marketing channels.

You are responsible for your own expenses incurred in participating in the Program.

11. Changes to the Program

We may modify the Program, including its commission rate, tracking period, payout terms or these Program Terms, or discontinue the Program entirely.

Material changes apply prospectively. If a change materially reduces Affiliate compensation, we will provide enrolled Affiliates with reasonable advance notice unless an immediate change is reasonably necessary for legal, security, fraud-prevention or platform-related reasons.

Changes do not reduce commissions associated with qualifying sales completed before the effective date of the change.

We will update the “Last updated” date when these Program Terms change. Continued participation after the effective date of a change constitutes acceptance of the revised Program Terms.

12. Disclaimer and limitation of liability

The Program, its tracking systems and related third-party services are provided on an “as is” and “as available” basis. We do not guarantee any level of traffic, referrals, commissions, earnings, availability or uninterrupted tracking.

To the maximum extent permitted by law, Light Year Interactive will not be liable for indirect, incidental, special, consequential, exemplary or punitive damages arising from or relating to the Program.

Our total aggregate liability arising from or relating to the Program will not exceed the commissions paid or payable to you during the 12 months immediately preceding the event giving rise to the claim.

Nothing in these Program Terms excludes or limits liability that cannot lawfully be excluded or limited.

13. Governing law

These Program Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, without regard to conflict-of-laws principles.

Subject to any applicable mandatory law, disputes arising from or relating to these Program Terms or the Program are subject to the exclusive jurisdiction of the courts located in Ontario, Canada.

14. Contact

Light Year Interactive Inc.
387 Grindstone Trail, Oakville, L6H 0S1, ON, Canada
Email: support@tonecaliper.com

You may also contact us through the contact page on tonecaliper.com.