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Affiliate Program ToS

Last Updated: September 23rd 2025

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General Affiliate Terms of Service

By submitting an application for Heard’s Affiliate Program (defined below) through the Heard’s third-party partnership platform (“Platform”) and by clicking on the “submit,” “accept,” or similar button, you are signifying that you accept and agree to be bound by and comply with the terms of this agreement (“Agreement”) as updated from time to time in accordance with Section 17 below. The individual entering these terms on behalf of the Affiliate Partner is, represents and warrants that he or she has the authority to bind the user to these terms or use. 

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This Agreement provides terms and conditions applicable to your membership in the Affiliate Program that are in addition to any terms and conditions that you may have agreed to pursuant to an agreement with the Platform. In these terms, “Heard” will refer to Heard Technologies, Inc. and “Affiliate Partner” will refer to you. Heard and Affiliate Partner may be collectively referred to as “Parties” or “Party”. 

The Parties acknowledge that they may be parties to agreements with the Platform and may be participants in a Platform program. You acknowledge that Heard is not a party to any agreement you may have with the Platform, will be in no way responsible for the performance of the Platform and that Heard is not an agent or representative of the Platform. 

1. Application Process. In order to participate in the program offered (the “Affiliate Program”), Affiliate Partner must complete the Affiliate Program Application (the “Application”) made available to it by the Platform and must agree to the Platform’s terms of service and related documentation (privacy policy, etc.). Heard will evaluate the Application and Affiliate Partner will be notified by e-mail as to whether it has been accepted into the Affiliate Program. Please allow at least five business days for your application to be reviewed. Heard may accept or reject the Application in the exercise of its sole and absolute discretion for any reason. Affiliate Partner may not operate more than one account without prior written approval. 

2. Establishment of Links. The Platform will provide Affiliate Partner access to Heard graphics and a textual link, upon acceptance into the Affiliate Program (each of these links and graphics are, at times, referred to herein as the “Licensed Marks” or “Link”). In order to receive payment (“Commission”) as provided in this Agreement, Affiliate Partner must prominently display the Link on Affiliate Partner’s public websites or other public facing materials, social media accounts and email (each, the “Affiliate Partner Materials”). The Link will serve to identify Affiliate Partner as a participant in the Affiliate Program and will establish a hypertext link from Affiliate Partner’s Site to the designated Heard landing page. 

Affiliate Partner agrees to abide by the following: (1) Affiliate Partner will only use a Link obtained from the Platform without manipulation. (2) All domains that use Links must be listed in Affiliate Partner’s affiliate dashboard within the Platform. (3) Affiliate Partner’s website will not in any way copy, resemble or mirror the look and feel of Heard’s website. Affiliate Partner will also not use any means to create the impression that Affiliate Partner website is Heard’s website including, without limitation, framing Heard’s website in any manner. (4) Affiliate Partner may not engage in cookie stuffing or include pop-ups, false or misleading links on Affiliate Partner’s website. (5) Affiliate Partner will not use redirects to bounce a click off of a domain from which the click did not originate in order to give the appearance that it came from that domain. If an Affiliate Partner is found redirecting links to hide or manipulate their original source, Affiliate Partner’s current and past commissions will be voided or Affiliate Partner’s commission level will be set to zero percent (0%). This does not include using “out” redirects from the same domain where the Link is placed. 

3. Tracking. As conditions of payment to Affiliate Partner, Affiliate Partner must:

(a) use its best efforts to (i) promote the product and services to potential customers; and (ii) satisfy all reasonable criteria and policies given in writing to Affiliate Partner by Heard during the term.

(b) permit accurate tracking, reporting and payment of Commissions hereunder, and obtain access to special “tagged” Link formats from the Platform to be used by the Affiliate Partner Materials for the purposes of this Agreement.

(c) ensure that each of the Links on the Affiliate Partner Materials properly use the formats provided by the Platform.

(d) ensure the Heard Licensed Marks are only used as authorized in this Agreement.

(e) ensure that the Affiliate Partner Materials do not infringe on Heard’s or anyone else’s intellectual property, publicity, privacy or other rights. 

(f) ensure the accuracy and appropriateness of all content posted in the Affiliate Partner Materials, and ensure that content posted in the Affiliate Partner Materials do not include content that is unlawful, harmful, defamatory, obscene, harassing, or racially, ethnically, or otherwise objectionable, or include or promote sexually explicit or “adult” materials, violence or discrimination.

(g) ensure it is performing its obligations under this Agreement in accordance with all applicable laws and regulations, including without limitation, privacy and anti-spam laws.

(h) ensure it does not use deceptive, misleading, or unethical representations or practices that are or might be detrimental to Heard, including, but not limited to, distributing unsolicited marketing materials.

(i) ensure Affiliate Partner Materials do not contain viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, interfere with, surreptitiously intercept or expropriate any system, data, or personal information. 

(j) ensure Affiliate Partner Materials do not contain software or use technology that attempts to intercept, divert or redirect Internet traffic to or from any other website, or that potentially enables the diversion of affiliate commissions from another website, including toolbars, browser plug-ins, extensions and add-ons.

(k) not make any representations, warranties, guarantees or promises regarding any aspect of the Heard service, Heard site or Heard as a business other than what is approved in writing by Heard, and shall refrain from making any representations, warranties or guarantees with respect to the specifications, features or capabilities of the Heard service that are deceptive, misleading or otherwise inconsistent with any materials provided, distributed or approved in writing by Heard with respect thereto. Affiliate Partner will indemnify and hold Heard harmless from all damages, claims and liabilities (including attorneys’ fees and costs) resulting from a breach of the foregoing representation and warranty or breach of any other material provision of this Agreement.

(l) ensure that all commercially reasonable steps to preserve and protect the goodwill and reputation of Heard have been implemented.

4. Online Advertising Guidelines. If Affiliate Partner participates in online advertising, such as Google AdWords or Facebook, then Affiliate Partner must adhere to the following: 

(a) Affiliate Partner may not bid on the Heard brand, including, but not limited to, Heard’s domain name, company name and trademarks or registered URLs (including any variations, abbreviations, or misspellings), in search engine or social media advertising, such as Google AdWords, Facebook, Instagram, or Yahoo/Bing. 

(b) Affiliate Partner may not use Heard trademarks in sequence with any other keyword (e.g., “Heard coupons”), including any misspellings. 

(c) Affiliate Partner may not use Heard trademarks in Affiliate Partner ad title, ad copy, display name, ad extensions or as the display URL nor may Affiliate Partner CLOAK or MASK these URLs in online advertising campaigns. 

(d) Affiliate Partner may not direct link to the Heard website from any online ad or use redirects that yield the same result (a.k.a. URL hijacking).. 

(e) Affiliate Partner may not use the same tone, text, or images as Heard’s current or past ads. All Affiliate Partner Materials need to have a different look and feel than Heard’s current or past ads and Affiliate Partner may not use the word “official” in connection with any Heard trademark or property in domain names, search ads, or on landing pages. If you automate Affiliate Partner online advertising campaigns, it is your responsibility to exclude our trademarked, brand and misspelled terms from the program and Heard strongly suggests that Affiliate Partner add our trademarked, brand and misspelled terms as negative keywords. Heard has a strict no tolerance policy on online advertising trademark bidding. If you are unsure whether a term is trademarked, brand or misspelled, it is your responsibility to reach out to us to find out. If you are an Affiliate Partner, please email affiliates@joinheard.com. You will forfeit all commissions for a minimum of thirty (30) days and your commission will be set to zero percent (0%) without warning if you engage in online advertising trademark bidding that uses our trademarked, brand or misspelled terms without prior written consent.

5. Coupon Guidelines. If Affiliate Partner’s website promotes coupon codes, it must adhere to our Coupon Guidelines as follows: 

(a) Affiliate Partner may only advertise coupon codes that are provided through the Affiliate Program. 

(b) Posting any information about how to work around the requirements of a coupon/promotion (i.e. the requirement that a person be a first-time client) will result in removal from the Affiliate Program. 

(c) Coupons must be displayed in their entirety with the full offer, valid expiration date and code.

(d) Affiliate Partner may not use any technology that covers up the coupon code and generates the affiliate click by revealing the code(s).

(e) Affiliate Partner may not advertise coupon codes that Affiliate Partner did not obtain from the Affiliate Program, including coupon codes from Heard’s marketing emails, paid search or any other advertising campaigns, unless the codes are also provided per the Affiliate Program.

(f) Affiliate Partner may not give the appearance that any ongoing Heard promotional offer requires clicking from Affiliate Partner website in order to redeem. 

(g) Cookie Stuffing/Forced Clicks: Affiliate Partner must not mislead customers into clicking on an offer or coupon that does not exist, or practice similarly deceptive tactics that are generally known as “cookie stuffing or forced clicks.” These include, but are not limited to: Using knowingly expired offers or presenting offers that do not exist or are not Affiliate Program offers; Making claims that a user must click on a link first to activate or receive an offer; Presenting a button that claims to show all offers that sets the Affiliate Partner cookie in the background; Technology that generates a click or sets the cookie from the action of copying a coupon code or through a popunder. 

Affiliate Partners whose primary business is posting coupons, who are viewed by the Affiliate Program or Heard as being a coupon site and/or who are tagged as coupon sites in Heard’s system, will not be paid commission for any sales generated without a corresponding valid coupon promotion or code. Valid promotions and codes are defined as those that are made available to Affiliate Partners in the Affiliate Program in general to that Affiliate Partner directly/privately. Coupon codes that are not real, expired, or not made available to the Affiliate Partner are not considered valid codes and the Affiliate Partner will not be given Commission on these orders. These orders will be canceled, zeroing out Commissions, for improper use.

6. Social Media. Promotion on Facebook, X, Twitch, YouTube and other social media platforms is permitted following these general guidelines: 

(a) Affiliate Partner may use Links on Facebook, Instagram, YouTube, Twitch, X and Pinterest pages, among other platforms.

(b) Affiliate Partner may not post Links on Heard’s Facebook, Instagram, YouTube, X, and other company social media pages. 

(c) Affiliate Partner may not run any social media ads such as Facebook, X, Instagram or Pinterest with Heard’s company name or other trademarks.

(d) Affiliate Partner may not create social media accounts, pages, or posts that in any way copy, resemble, represent, or mirror the look and feel of Heard’s social media accounts, pages, or posts. Affiliate Partner may not use any means to create the impression that Affiliate Partner accounts, pages, or posts are Heard’s accounts, pages or posts.

7. Sub-Affiliate Networks. Promoting Heard through a sub-affiliate network is permitted; however, Heard must pre-approve each sub-affiliate and you must be transparent regarding where traffic from your sub-affiliates originated. Sub-affiliate networks must ensure that all sub-affiliates promoting Heard adhere to this Agreement. This includes restrictions on advertising through toolbars, browser extension, and through any paid placements such as pay-per-click campaigns. Sub-affiliate networks must also receive approval prior to allowing any type of coupon sub-affiliate to promote Heard. Failure to comply with our sub-affiliate network terms may result in a loss and/or reduction of Commissions from sales made through any sub-affiliate that does not comply with our terms.

8. Limited License Subject to the Terms and Conditions of this Agreement. Heard hereby grants to Affiliate Partner, for the term of this Agreement, a non-exclusive, non-transferable, revocable license to display the Licensed Marks solely in connection with the display of the Link in the Affiliate Partner Materials. Affiliate Partner may not modify the Licensed Marks or Links in any way, and must follow any Heard instructions regarding their use, appearance and display. Heard shall have the right to demand the withdrawal of the Licensed Marks from the Affiliate Partner Materials if, in Heard’s sole opinion, Affiliate Partner breaches any term of this Agreement, or the Affiliate Partner Materials conflicts with, interferes with or is detrimental to Heard’s interests, reputation, business, practices, procedures or policies or that might subject Heard to unfavorable regulatory action, violate any law, infringe the rights of any person or subject Heard to liability for any reason. Upon written notice from Heard to withdraw the Licensed Marks, Affiliate Partner shall immediately cease using the Licensed Marks in Affiliate Partner Materials, but in any event within three (3) days of the date of receipt of Heard’s written notice. 

Use of any of our trademarked terms (including those of our subsidiaries and other affiliated companies) as part of the domain or subdomain for your website is strictly prohibited (e.g., Heard.website.com or Heard.com)

9. Account Processing. Heard will process orders placed by customers who follow and/or click on Links from the Affiliate Partner Materials to Heard. Individuals or entities who sign up for a Heard account by clicking on a Link from the Affiliate Partner Materials, signing up for a free trial offer on the landing page, and then become a fully paying account will be deemed a customer (“Customer(s)”). Heard reserves the right to reject orders that do not comply with any requirements that Heard may establish from time to time, with or without notice (such as the requirement that a Customer be located and practicing from within the United States). Heard will be responsible for all aspects of order processing and fulfillment. Affiliate Partner acknowledges that Affiliate Partner will only earn Commissions with respect to activity occurring directly through use of the Link. Affiliate Partner acknowledges that Affiliate Partner shall not be a party to any transaction between any Customer and Heard and all aspects of such orders, including, but not limited to, purchase terms, payment terms, warranties and guarantees, shall be solely between the Customer and Heard.

10. Commissions and Payment Terms.

(a) Affiliate Partner will receive Commission if (i) Affiliate Partner complied with all of the terms and conditions of this Agreement; (ii) Heard services are purchased by a Customer linking to Heard from the Affiliate Partner Materials using a Link; and (iii) Heard has received full payment. Affiliate Partner’s Commission will be defined within the Platform and may vary depending on volume. Affiliate Partner may also be paid Commission for other actions, including, but not limited to Customer retention. Any such additional Commission will be outlined in the Platform. Affiliate Partner understands and agrees that Heard services may be available without charge for a trial period as determined by Heard and that no Commission will be paid to Affiliate Partner until the completion of such trial period and receipt by Heard of full payment by a Customer. Commission payments earned through the date of termination of this Agreement will remain payable only if the Heard services are not canceled by the Customer prior to Affiliate Partner earning the Commission for the Customer. In no event shall Affiliate Partner receive Commission for any Customer who had previously been a customer of Heard at any time prior to the date such Customer followed and clicked on a Link from the Affiliate Partner Materials to Heard. In no event shall Affiliate Partner receive Commission for any Customer who is terminated due to fraud or some other violation of Heard’s terms of service. 

(b) Affiliate Partner shall be paid Commissions earned within thirty (30) days after the end of the month when the Commissions were earned. Affiliate Partner will be paid by the Platform. Affiliate Partner is responsible for registering and providing all needed tax and payment information to the Platform. In the event that Commissions have been erroneously paid by Heard to Affiliate Partner, Affiliate Partner shall be required to refund any such amount paid erroneously within thirty (30) days of written notice thereof, or Heard may offset such amount against any payment to be made in the future, at its sole discretion. Affiliate Partner is responsible for payment of all taxes and fees (including bank fees) applicable to the Commission. All applicable tax forms will be furnished by the Platform. 

11. Ownership and Proprietary Rights. Heard has created, acquired, owns or otherwise has rights, including all intellectual property rights, in its confidential or proprietary Heard offering and services, including with respect to the software, documentation, processes, systems and know-how, and all other concepts, ideas, trade secrets, methods, methodologies, procedures, processes, systems, techniques, models and templates, including any derivative rights thereto (collectively, the “Heard Intellectual Property”). Heard retains all ownership and use rights in the Heard Intellectual Property. Affiliate Partner shall acquire no rights or interest in the Heard Intellectual Property and all rights in such are exclusively reserved to Heard.

12. Term and Termination. The term of this Agreement will begin when the Affiliate Partner accepts this Agreement and will end upon termination by either party. Affiliate Partner may terminate this Agreement at any time, with or without cause and without liability, by giving Heard thirty (30) day’s prior written notice of termination. Heard may terminate this Agreement immediately, at any time, with or without cause and without liability, by giving Affiliate Partner written notice of termination. Notices transmitted via email shall be effective notice hereunder upon successful receipt. The notice addresses and points of contact are listed in the partner’s dashboard. Upon termination of this Agreement for any reason, Affiliate Partner will remove the Licensed Marks, Links and all other Heard trademarks, trade dress, logos and other material provided to Affiliate Partner by Heard from the Affiliate Partner Materials (or any material) and any and all servers in Affiliate Partner’s possession or control as soon as technically feasible, but in no event shall the Licensed Marks remain on the Affiliate Partner Materials more than three (3) calendar days after such termination. Affiliate Partner shall continue to receive Commission and shall have the right to continue to refer Customers through the end of any notice period. Affiliate Partner shall receive outstanding Commissions that originate from Customers prior to receiving the termination notice, and during the final days of the Agreement, but otherwise Heard will have no liability related to such termination. All Commissions shall cease immediately upon termination.

13. Representations and Warranties. Affiliate Partner represents and warrants that: (a) the Affiliate Partner Materials will not infringe upon any copyright, patent, trademark, right of publicity or privacy, or any other proprietary or other right of any person; (b) Affiliate Partner will not commit any act which brings Heard or any of our products or services into public disrepute, contempt, scandal, or ridicule; (c) the Affiliate Partner Material is true and accurately reflects Affiliate Partner’s honest opinion and experience; (d) Affiliate Partner is at least 18 years of age (if an individual) and have the right and authority to enter into this Agreement in Affiliate Partner’s own name; (e) the Affiliate Partner Materials will not contain or link to any material which is harmful, threatening, defamatory, obscene, sexually explicit, harassing, promotes violence, promotes discrimination (whether based on sex, religion, race, ethnicity, nationality, disability or age), promotes illegal activities (such as gambling), contains profanity or otherwise contains materials that Heard informs Affiliate Partner it considers objectionable; (f) Affiliate Partner will not make any representations or warranties regarding our products and services; (g) Affiliate Partner will at all times comply with the terms and requirements of any third-party services you use (including any and all terms and conditions you are subject to in connection with your use of the Platform) in connection with the Affiliate Program; and (h) Affiliate Partner will not place ads for any Heard products or services on any online auction platform (e.g., eBay, Amazon, etc.). 

14. Disclaimers. Heard will not be liable for any delay in accessing or inability to access the Platform, Heard site or Heard services, whether due to an act of God, action by any government entity, strike, network difficulty, electronic malfunction or any other reason, or any reliability or effectiveness related to the Platform, Heard site or services. Heard makes no warranty or representation that the operation of the Platform, Heard site or services will be uninterrupted or error-free. Heard shall not be liable under any circumstances whatsoever for the consequences of any interruptions or errors. Heard PROVIDES THE Heard SERVICES AND ALL INFORMATION AND OFFERINGS AVAILABLE THEREIN “AS IS” AND MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS REGARDING Heard OR ANY SERVICES, OTHER OFFERINGS OR INFORMATION PROVIDED BY Heard. Heard DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, OR NON-INFRINGEMENT. Heard SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING: (i) THE NUMBER OF PERSONS OR ENTITIES THAT WILL ACCESS OR “CLICK THROUGH” TO Heard FROM AFFILIATE PARTNER MATERIALS; (ii) ANY BENEFIT THAT AFFILIATE PARTNER MIGHT OBTAIN FROM INCLUDING THE LICENSED MARK(S) ON THE AFFILIATE PARTNER MATERIALS; OR (iii) THE AMOUNT OR VOLUME OF COMMISSIONS THAT AFFILIATE PARTNER MIGHT EXPECT TO RECEIVE OR ACTUALLY RECEIVE PURSUANT TO THIS AGREEMENT.

15. Limitation of Liability. IN NO EVENT WILL Heard BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES OR FOR COMMERCIAL LOSSES, LOST PROFITS OR REVENUES FROM ANY CAUSE, WHETHER BASED IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY) OR OTHER LEGAL OR EQUITABLE THEORY AND WHETHER OR NOT Heard HAS BEEN ADVISED OF THE POSSIBILITY OR CERTAINTY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE Heard SERVICE OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IN THE EVENT OF FAULT. AFFILIATE PARTNER AGREES THAT THE TOTAL LIABILITY OF Heard HEREUNDER WITH RESPECT TO ANY CLAIM SHALL NOT EXCEED THE COMMISSIONS PAID BY Heard TO AFFILIATE PARTNER HEREUNDER DURING A CONSECUTIVE THREE (3) MONTH PERIOD PRECEDING THE SET OF OCCURRENCES GIVING RISE TO LIABILITY. 

16. Modifications. Heard may modify in its sole and absolute discretion any of the terms and conditions contained in this Agreement at any time by sending Affiliate Partner a change notice or a new Agreement. If any modification is unacceptable to Affiliate Partner, Affiliate Partner’s only recourse is to terminate this Agreement. Affiliate Partner’s continued participation in the Affiliate Program following the sending of a change notice by Heard will constitute binding acceptance of the change.

17. Independent Contractors. The Parties acknowledge that in performing their obligations hereunder, each is acting as an independent contractor. Nothing in this Agreement shall be constructed to create a partnership, joint venture, franchise or similar arrangement between the Parties. Neither Party has the authority to enter into any agreement, or make any warranty or representation on behalf of the other Party, except where and to the extent specifically authorized to do so in advance in writing. Nothing in this Agreement shall prohibit, limit or restrict Heard from working with, partnering, subscribing for or developing any products, offerings or services, or otherwise engaging in business with any third party, affiliate or partner (even with a competitor of Affiliate Partner’s).

18. FTC Endorsement Guidelines Disclosure Requirements. If Affiliate Partner is compensated by Heard in any way for a post (including with cash, credit, discounts, product, contest entries, and so on), Affiliate Partner must clearly and conspicuously disclose such compensation. This applies across all media channels. For example, on Instagram, X, Facebook, Twitch, or YouTube, if you are promoting Heard, or showing product that was given to you by Heard, you must include Heard social handles, or #ad prominently in your caption, before any “break” in the text that is shown to viewers of your content, or otherwise conspicuously indicate that you were or may be compensated by Heard. 

19. Email Advertising & Publicity. Affiliate Partner will not issue any press release or create any marketing material that states or implies that Affiliate Partner has any relationship other than as a member of Heard’s Affiliate Program. If Affiliate Partner intends to issue any press release or create any marketing material, it must first send those materials to affiliates@joinheard.com for review and approval. 

If Affiliate Partner intends to promote our Affiliate Program via e-mail campaigns, Affiliate Partner must: 1. Abide by the CAN-SPAM Act (Public Law No. 108-187), including a working unsubscribe link in every email; 2. Send e-mail on Affiliate Partner’s own behalf and not imply that the e-mail is sent on behalf of Heard; 3. Send copies of all emails to affiliates@joinheard.com. 

20. General Provisions.

(a) This Agreement and associated transaction documents referenced herein, if any, constitute the entire agreement between the Parties with respect to the subject matter hereof; all prior agreements, representations, statements, negotiations and undertakings, whether oral or written, are no longer enforceable or valid. 

(b) No claim or other action arising out of this Agreement, regardless of the form of action, may be brought by either Party more than one (1) year after the cause of action accrued.

(c) Affiliate Partner agrees to indemnify, defend and hold Heard harmless from and against any and all liability, claims, losses, damages, injuries or expenses (including attorneys’ fees and costs) relating to the development, operation, maintenance and contents of the Affiliate Partner Materials. 

(d) Neither Party shall be responsible for delay or failure in performance resulting from acts beyond its control. Such acts shall include, but not be limited to, an act of God; an act of war; riot; an epidemic; fire, flood or other disaster; an act of government; or a strike or lockout. 

(e) Affiliate Partner may not assign this Agreement or any of its rights, obligation or liabilities hereunder, without the prior written consent of Heard.

(f) This Agreement shall be governed by and construed in accordance with the laws of the State of Washington, without regard to provisions governing choice-of-law. Exclusive jurisdiction and venue for all actions hereunder shall be in appropriate courts in Seattle, Washington, and the Parties consent to such exclusive jurisdiction and venue.

(g) No provision of this Agreement shall be deemed waived and no breach excused by either Party unless such waiver or consent is in writing and signed by an authorized representative of the Party claimed to have waived or consented. Any consent by either Party to, or waiver of, a breach by the other shall not constitute consent to, waiver of, or excuse of any other different or subsequent breach. 

(h) Upon termination of this Agreement, the obligations which by their nature are intended to survive expiration or termination of the Agreement will survive.

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