Fish Audio, Inc. (“Fish Audio”) is excited to launch the Fish Audio Affiliate Program. This program offers you (“Affiliate” or “You”) the opportunity to promote our innovative product, Fish Audio, and earn money simultaneously, as further detailed in this document (“Affiliate Program”). By becoming an Affiliate, you agree to these Terms and Conditions (“Agreement”).
1. GETTING STARTED
Participating in the Fish Affiliate Program is easy! First, you have to apply to our Affiliate Program by creating an account with us and filling out an application. You must have a valid PayPal or Wise account to receive payment. By applying to the Affiliate Program, you represent and warrant that you are at least 18 years of age and are not a resident of a country currently under sanction by the Office of Foreign Assets Control.
After you complete the online application, Fish Audio will review your application and, in its sole discretion, may accept you as a Fish Audio Affiliate based on brand and demographic fit. If accepted, you will receive approval through our third-party affiliate platform, FirstPromoter. Once approved, you will be granted access to your affiliate dashboard and provided with a unique URL (“Unique URL”) to share on your website and social media platforms.
Fish Audio may re-evaluate your Affiliate status at any time and reserves the right to terminate your participation with immediate effect upon notice.
Quick Start Guide:
2. ELIGIBLE PRODUCTS & VALID PURCHASES
The “Eligible Products” you may earn a Commission on include all standard Fish Audio Subscription Plans, either monthly or annual. This does not include any custom-priced or enterprise packages.
A “Valid Purchase” is defined as a new customer who clicks your Unique URL and completes a purchase of an Eligible Product via fish.audio. Commissions will only be granted for purchases tracked and validated by our affiliate platform, FirstPromoter. Fish Audio maintains sole discretion in determining Valid Purchases.
Fish Audio retains ownership of all tracking and analytics data associated with this program.
3. COMMISSION FEES
Approved Affiliates receive a default commission rate of 20% of the sale value for each Valid Purchase for a year after each first purchase of a new customer. Commissions are earned on:
- Monthly subscriptions: recurring commissions for 12 months from the first purchase date
- Annual subscriptions: a one-time commission on the full yearly payment
Fish Audio periodically reviews performance and may, at its discretion, upgrade commission rates to 30% for outstanding affiliates.
Commissions are processed monthly on a NET-15 basis. Payments are issued by FirstPromoter within a week after the 15th of each month for Valid Purchases made the previous month. While we strive for timely payment, please allow up to 1–2 weeks for processing.
You are responsible for maintaining accurate payment details (PayPal, Wise, or bank account). Payments may be delayed if required information is incomplete.
Fish Audio reserves the right to reverse or withhold commissions due to returns, cancellations, duplicate orders, fraudulent activity, or breach of this Agreement.
4. AFFILIATE APPLICATION REJECTION
Fish Audio may reject affiliate applications at its sole discretion. Common reasons include (but are not limited to):
- Websites that feature or promote illegal, unethical, or infringing content
- Affiliates whose platforms are misaligned with Fish Audio's brand values
- Attempts to resell Fish Audio's products
- Sites deemed inappropriate or harmful to Fish Audio's reputation
5. PROHIBITED PROMOTIONAL METHODS
We have immense pride in our product, Fish Audio, and are committed to maintaining its integrity in all promotional activities. Therefore, we strive to clearly communicate these principles to you, our affiliates. Violations may result in immediate termination from the program and forfeiture of pending commissions. The following methods are prohibited to protect you, our customers, and our team from illegal and fraudulent activities:
- Dissemination of incorrect or misleading information: Any promotional activity that shares false or misleading information will result in affiliate account deactivation. If you’re uncertain about any details or information for promoting Fish Audio, please contact us.
- Illegal or offensive activity: Any activity deemed illegal or offensive by us is prohibited. This may lead to the rejection of referrals and/or the deactivation of your affiliate account.
- No promotions on coupon sites: Promoting Fish Audio on coupon sites provides no additional value to Fish Audio, as these customers are already interested in Fish Audio. Sharing fake or expired coupons with the intent to mislead customers will result in affiliate account deactivation.
- Unauthorized discounts and promotional offers: Affiliates are not allowed to offer discounts, free trials, coupons, rebates, “kickbacks,” or any other promotional offers that have not been expressly approved by Fish Audio in writing.
- Spam: Any form of spam, be it through links, ads, emails, or comments is prohibited. Please respect the posting rules of any third-party websites you use to promote Fish Audio This is not an exhaustive list; if we deem your activity as spam, it will be considered as such.
- Misrepresentation of association: While we appreciate your support, please refrain from pretending to be professionally associated with Fish Audio. Affiliates are not employees and have no employee rights.
- Impersonation: Pretending to be Fish Audio, cloning our site, copying our site, using our copyrighted site assets, and pretending that a site created by you is an official Fish Audio site is unethical and prohibited. This includes the use of services that automatically clone websites or place them into iframes.
- Misuse of brand names and trademarks: You may not purchase, own or bid on any domain names containing Fish Audio brand names, variations, or misspellings. You may not purchase any advertising keywords that contain these names, nor use them in your social media account names.
- Paid advertising: Affiliates are encouraged to promote Fish Audio through organic and non-paid methods such as organic social media, content marketing, email, word of mouth referral, and others. Affiliates are expressly prohibited from engaging in any form of paid advertising, including but not limited to search advertising, social media advertising, display advertising, native advertising (digital advertorials), paid influencer marketing, or any other forms of performance marketing. Violation of this policy may result in immediate suspension from the Fish Audio Affiliate Program and forfeiture of any pending and future commissions.
- Compliance: You must adhere to all applicable rules, guidelines, community standards, and online terms by social media platforms, laws, and regulations, including privacy, marketing, and advertising laws and any FTC or other applicable disclosure guidelines.
- False promotion: Claiming endorsement or operation by Fish Audio is strictly prohibited.
- Infringing material: You may not use materials that infringe on third-party rights, contain harmful content, or use technology that attempts to intercept or redirect traffic from another website.
- Manipulation of valid purchases: Use of any automated software or other technology in an attempt to manipulate or create fake Valid Purchases, or engage in behavior that is fraudulent, abusive, or harmful to the Affiliate Program, other Affiliates, or Fish Audio customers is prohibited.
- Unsolicited bulk emails: Sending spam emails is not allowed.
- Disclosure: You must disclose in all marketing and advertising, including social media posts, that you are an Affiliate of Fish Audio and are receiving compensation for any sales of Fish Audio. This should include the word “ad” or “advertisement” as required by applicable laws, including your local laws.
6. FISH AUDIO LICENSED MATERIALS
Fish Audio may provide you with promotional materials, including but not limited to graphic banners, Fish Audio marks, logos, and other content for use on your website or social media pages (“Licensed Materials”). Fish Audio grants you a limited, non-transferable, and revocable license to use these Licensed Materials solely for promoting Fish Audio and only in accordance with this Agreement and any brand guidelines provided.
You may not alter, modify, or misuse any Licensed Materials. You must use the most up-to-date versions of logos and other assets as instructed. Any unauthorized use is grounds for immediate removal from the Affiliate Program. All uses of the Licensed Materials benefit Fish Audio, and the company retains full rights, title, and interest in all such materials.
If you create your own promotional assets containing Fish Audio's Licensed Materials, such as email campaigns, webpages, or social media posts, Fish Audio reserves the right to review and approve them. You agree to promptly provide copies upon request.
Use of Licensed Materials must cease immediately upon request or upon termination of your participation in the Affiliate Program.
7. INTELLECTUAL PROPERTY
The Fish Audio Eligible Products, Licensed Materials, brand names, domain names, website, and any promotional content constitute the exclusive intellectual property of Fish Audio. This includes but is not limited to trademarks, copyrights, patents, and trade secrets.
As an Affiliate, you acknowledge that all rights, title, and interest in Fish Audio's intellectual property remain solely with Fish Audio. Nothing in this Agreement grants you any ownership rights or licenses beyond the limited permissions explicitly stated.
You must respect and protect Fish Audio's intellectual property at all times. Any violation—whether through unauthorized use, misrepresentation, or infringement—may result in immediate termination from the program and legal action if applicable.
8. LEGAL COMPLIANCE
As an Affiliate, you represent and warrant that you will comply with all applicable U.S. and international laws, rules, and regulations. This includes, but is not limited to:
- Federal Trade Commission (FTC) guidelines for endorsements, disclosures, and marketing practices. You may find more info here: https://www.ftc.gov/tips-advice/business-center/advertising-and-marketing
- Email marketing laws such as the CAN-SPAM Act, Telemarketing Sales Rule, and the Telephone Consumer Protection Act
- Data protection and privacy laws including the General Data Protection Regulation (GDPR), California Consumer Privacy Act (CCPA), and other relevant legislation
- Anti-spam and consumer protection laws in your country or region
- Platform-specific policies and terms of service for social media, including but not limited to Facebook, Instagram, Twitter, TikTok, YouTube, and LinkedIn
You are also responsible for ensuring that any affiliate content you create or publish complies with applicable advertising standards, disclosure obligations, and intellectual property laws. This includes clear disclosure of your affiliate relationship with Fish Audio, such as marking content as “#ad,” “sponsored,” or equivalent terms in line with your local regulations.
If you are operating outside of the United States, you bear full responsibility for understanding and complying with your own country's legal requirements regarding advertising, affiliate marketing, and data privacy. We recommend consulting legal counsel if you are unsure about your responsibilities.
9. MODIFICATION AND TERMINATION
Fish Audio reserves the right to modify, suspend, or terminate the Affiliate Program and/or this Agreement at any time and for any reason, in its sole discretion. This includes changes to commission rates, eligibility requirements, payout structure, benefits, or any other aspect of the program.
If we make material changes to the Agreement, we will notify you by email or through the affiliate dashboard. Your continued participation in the program after such changes constitutes your acceptance of the new terms. If you do not agree to the changes, you may terminate your participation at any time by notifying us in writing.
Fish Audio also reserves the right to suspend or terminate your Affiliate account without prior notice if we believe you have violated this Agreement or engaged in any fraudulent, misleading, or harmful conduct. In such cases, Fish Audio may withhold any pending or unpaid commissions.
Upon termination of your participation in the Affiliate Program, whether voluntary or involuntary, you must immediately discontinue all use of your Unique URL, Licensed Materials, and any other Fish Audio brand assets.
10. INDEPENDENT CONTRACTOR
You acknowledge that you are participating in the Fish Audio Affiliate Program as an independent contractor. Nothing in this Agreement shall be construed to create a partnership, joint venture, agency, employment, or fiduciary relationship between you and Fish Audio.
You may not act on behalf of Fish Audio, represent yourself as an agent or employee, or make any commitments, representations, or warranties on Fish Audio's behalf. All marketing activities you undertake must comply with the terms of this Agreement, but the method and manner in which you promote Fish Audio is otherwise at your discretion.
You are solely responsible for all tax filings, reporting, and payments associated with any income you earn through the Affiliate Program. Fish Audio may require submission of applicable tax documentation such as Form W-9 (for U.S. Affiliates) or Form W-8BEN (for non-U.S. Affiliates) prior to processing commission payments. Failure to submit accurate and complete tax information may result in delayed or forfeited payments.
11. ARBITRATION
In the event of any dispute, claim, or controversy arising out of or related to this Agreement, the parties agree to resolve the matter through final and binding arbitration rather than through litigation.
Before initiating arbitration, the party must first provide written notice of the dispute and attempt to resolve it in good faith through informal negotiations for a period of at least 60 days.
If resolution cannot be reached within 60 days, either party may commence arbitration administered by either JAMS or the American Arbitration Association (AAA), subject to the rules of the selected body. The arbitration shall take place in San Francisco, California, unless both parties agree to a different location.
The arbitration will be conducted by a single neutral arbitrator, and any judgment on the award rendered may be entered in any court having jurisdiction. Claims must be brought on an individual basis only. Class actions and class arbitrations are not permitted.
However, either party may bring an action in court to seek injunctive relief or enforce intellectual property rights, which shall be governed exclusively by the laws of the State of California and adjudicated in the courts located in San Francisco, California. in San Francisco, CA under JAMS or AAA rules. No class actions are permitted. IP-related matters may be resolved in court.
12. SEVERABILITY & WAIVER
If any provision of this Agreement is held to be unlawful, void, or unenforceable for any reason, that provision shall be deemed severable from the rest of the Agreement and shall not affect the validity and enforceability of any remaining provisions.
No waiver by Fish Audio of any breach or default shall be deemed a waiver of any preceding or subsequent breach or default. Any waiver must be made in writing and signed by an authorized representative of Fish Audio, the rest remains enforceable. A waiver by Fish Audio does not prevent future enforcement of rights.
13. ENTIRE AGREEMENT
This Agreement constitutes the complete and exclusive understanding between you and Fish Audio with respect to your participation in the Affiliate Program. It supersedes all prior or contemporaneous agreements, communications, or understandings, whether written or oral, that relate specifically to this program.
It does not modify or override any other agreements you may have with Fish Audio for separate products, services, or roles unless explicitly stated herein.
Fish Audio reserves the right to amend the terms of this Agreement at any given time, including the Commission rate. Any modifications shall come into effect immediately following the date of notice via email or affiliate dashboard. Your continued participation in the program constitutes acceptance of the updated terms.