These Terms of Service (“Terms”) govern your access to and use of the services provided by Tolt, Inc., a Delaware corporation (“Tolt,” “we,” “us,” or “our”).
By accessing or using the Tolt platform (the “Service”), you agree to be bound by these Terms.
1. Overview of the Service
Tolt provides a software platform that enables businesses to create, manage, and operate affiliate marketing programs, including tracking referrals, calculating commissions, and facilitating affiliate payouts.
2. Eligibility
You must be at least 18 years old and have the authority to enter into these Terms on behalf of your organization.
3. Accounts
You are responsible for:
- maintaining the confidentiality of your account
- all activity under your account
- ensuring information is accurate and up to date
4. Subscription and Fees
Tolt may charge subscription fees and/or usage-based fees.
All fees are:
- non-refundable unless otherwise stated
- exclusive of taxes
- payable according to the pricing terms presented at signup
5. Affiliate Program Functionality
The Service allows customers (“Merchants”) to create and manage affiliate programs through which third-party partners (“Affiliates”) promote Merchant products or services and earn commissions.
6. Merchant Responsibilities
Merchants are solely responsible for:
- defining commission structures
- approving commissions
- ensuring accuracy of commission data
- complying with applicable laws
- funding all commissions owed to Affiliates
Merchants acknowledge that all commissions are obligations owed by the Merchant to Affiliates.
7. Authorization and Agency
Affiliates appoint Tolt as their limited authorized agent solely for the purpose of collecting commission payments from Merchants.
Merchants authorize Tolt to:
- calculate commissions
- issue invoices for approved commissions
- collect payment on behalf of Affiliates
Payment by a Merchant to Tolt for approved commissions constitutes payment to the Affiliate, and the Merchant’s obligation to the Affiliate is satisfied upon such payment.
Tolt’s role is limited to facilitating collection and remittance of such payments.
8. Commission Approval and Finality
Commissions are:
- determined
- validated
- and approved
prior to invoicing Merchants.
Only approved commissions are invoiced.
Once:
- an invoice has been issued, and
- payment has been received by Tolt
such commissions are:
- final and earned
- not subject to retroactive reversal
9. Adjustments
If refunds, chargebacks, or other events occur after commissions have been finalized:
- Tolt may apply negative commissions or offsets
- such adjustments apply to future commissions or future invoices
Previously finalized commissions will not be modified.
10. Payouts
Tolt may facilitate payments to Affiliates:
- on a scheduled basis
- subject to payout thresholds
- via third-party providers (e.g., PayPal, Airwallex, bank transfer)
Tolt may determine payout timing, methods, and thresholds.
11. No Guarantee of Payment
Tolt does not guarantee payment of commissions unless and until:
- the Merchant has funded the applicable invoice.
Tolt has no obligation to pay Affiliates for unfunded commissions.
12. Third-Party Payment Providers
Payouts may be processed through third-party providers.
You agree to comply with their terms and acknowledge:
- Tolt is not responsible for provider failures
- providers may impose their own requirements or restrictions
13. Acceptable Use
You agree not to:
- engage in fraud or deceptive practices
- manipulate traffic or commissions
- violate applicable laws
- interfere with the platform
Tolt may suspend or terminate accounts for violations.
14. Intellectual Property
Tolt retains all rights to the Service.
You retain rights to your own content.
15. Data and Privacy
Use of the Service is subject to our Privacy Policy.
16. Termination
Tolt may suspend or terminate access at any time.
You may stop using the Service at any time.
17. Disclaimers
The Service is provided “as is” without warranties of any kind.
18. Limitation of Liability
To the maximum extent permitted by law:
Tolt shall not be liable for indirect, incidental, or consequential damages.
Total liability is limited to fees paid to Tolt in the preceding 12 months.
19. Indemnification
You agree to indemnify Tolt from claims arising from:
- your use of the Service
- your affiliate program
- your violations of law
20. Governing Law
These Terms are governed by the laws of the State of Delaware.
21. Modifications
We may update these Terms from time to time.
Continued use constitutes acceptance.
22. Contact
Tolt, Inc. 2093 Philadelphia Pike, 2726 Claymont, DE 19703 company@tolt.io
Questions about this document? Write to compliance@tolt.com.