Affiliate Program Terms & Conditions

MentalFit Affiliate Program Terms of Service 

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IN THE EVENT OF A MEDICAL EMERGENCY, CALL YOUR LOCAL EMERGENCY NUMBER IMMEDIATELY. DO NOT DISREGARD, AVOID, OR DELAY SEEKING MEDICAL ADVICE FROM A QUALIFIED HEALTHCARE PROVIDER BECAUSE OF INFORMATION YOU HAVE READ ON THE MENTALFIT WEBSITE, MOBILE APPLICATION, OR OBTAINED THROUGH OUR SERVICES. THE PLATFORM, INCLUDING THE ENGAGE A PRO FEATURE, DOES NOT PROVIDE MEDICAL DIAGNOSIS OR EMERGENCY CARE SERVICES, AND WE DO NOT MONITOR THE PLATFORM, WEBSITE, MOBILE APPLICATION, OR ANY COMMUNICATIONS FOR MEDICAL EMERGENCY PURPOSES. ANY INFORMATION PROVIDED THROUGH THE PLATFORM IS FOR GENERAL WELLNESS AND INFORMATIONAL PURPOSES ONLY AND IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.  

These Terms of Use contain a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions. You have the right to withdraw your consent to have the Terms of Use provided to you in electronic form. 

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These Terms of Service (“Terms”) govern participation in the MentalFit Affiliate Partnership Program (the “Program”) operated by MentalFit, LLC (“MentalFit,” “we,” “our,” or “us”). 
By enrolling in or participating in the Program, you (“Affiliate,” “you,” or “your”) agree to be bound by these Terms. 

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By participating in the Program or using any affiliate materials, you acknowledge that you have read and agree to these provisions.

 

1. Program Overview 

The MentalFit Affiliate Program rewards trusted partners—including student organizations, wellness advocates, and professional communities—for referring new paying users to the MentalFit App and related services through assigned promo codes. 

Affiliates share unique promo codes provided by MentalFit. When users subscribe using those codes, commissions are generated on qualifying transactions, subject to these Terms. 

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2. Eligibility 

To participate, you must: 

• Be at least 18 years old. 

• Maintain a valid PayPal account for payouts. 

• Complete registration through Tolt, MentalFit’s affiliate management platform. 

• Provide accurate tax and contact information. 

• Comply with all applicable laws and regulations. 

MentalFit reserves the right to approve, deny, or terminate any Affiliate at its sole discretion. 

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3. Promo Code Assignment and Use 

• Promo codes are issued exclusively by MentalFit and may not be altered, duplicated, or transferred. 

• Each promo code is unique to an Affiliate and may be used once per user for attribution. 

• Affiliates may not create, sell, or modify promo codes. 

• Promo codes may only be distributed through approved channels and in compliance with MentalFit brand guidelines. 

• Affiliates may not use self-referrals or deceptive marketing tactics. 

• Violations result in immediate termination and forfeiture of earnings. 

 

4. Commissions and Payouts 

4.1 Commission Structure 

Affiliates earn a percentage of Net Revenue (after Stripe and Tolt fees) on qualifying purchases. The exact commission percentage is set by MentalFit and may change with notice. 

4.2 Eligible Plans and Services 

Commissions apply to the following MentalFit products: 

 

MentalFit Monthly 

$3.99/month 

Recurring commission for up to 12 months per referred user. 

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MentalFit Annual 

$39.99/year 

One-time commission upon the initial purchase. 

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MentalFit Lifetime 

$129.99 

One-time commission at the time of purchase. 

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Engage a Pro Monthly 

$29.99/month 

Recurring commission for up to 12 months per referred user. 

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Engage a Pro Annual 

$299.99/year 

One-time commission upon the initial purchase. 

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4.3 Program Fees and Pricing

MentalFit reserves the right to modify, adjust, or change its pricing, subscription fees, payout rates, or commission structures at any time, with or without prior notice. Such changes may affect existing or future referrals, payouts, or promotional offers. Continued participation in the Affiliate Program following any change constitutes Affiliate’s acceptance of the updated pricing or commission terms.

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4.4 Engage a Pro Subscriptions 

The Engage a Pro feature enables users to access third-party wellness professionals. 

• Commissions apply only to the MentalFit subscription access fee, not to direct payments made to third-party providers. 

• The same 15-day hold and payout structure apply. 

• All referrals are tracked via assigned promo codes managed in Tolt. 

 

4.5 Commission Hold and Payout Schedule 

• Each transaction is subject to a 15-day hold to accommodate refunds or disputes. 

• After the hold, commissions become eligible for payout. 

• Payouts occur monthly via PayPal, automatically through Tolt. 

• Affiliates are responsible for maintaining an active, verified PayPal account. 

 

4.6 Refunds and Adjustments 

If a user refunds, disputes, or cancels a transaction, any corresponding commission may be reversed or deducted from future payouts. 

 

5. Lifetime and Recurring Limits 

• Recurring commissions apply only to monthly subscriptions (MentalFit and Engage a Pro). 

• Annual and Lifetime plans generate a one-time commission. 

• Commissions end if the user cancels, refunds, or reaches the 12-month limit. 

 

6. Tracking and Payment Source 

• Transactions are processed through Stripe. 

• Net affiliate revenue is routed to a separate MentalFit account for disbursement. 

• Tolt manages tracking, attribution, and PayPal payouts. 

• Affiliates may monitor referrals via their Tolt dashboard. 

 

7. Taxes and Reporting 

Affiliates are solely responsible for all applicable taxes on commissions earned. 

• U.S. affiliates must complete a Form W-9. 

• Non-U.S. affiliates must complete a Form W-8BEN or equivalent. 

• Tolt issues annual Form 1099-NEC to eligible U.S. affiliates. 

 

8. Prohibited Conduct 

Affiliates may not: 

• Misrepresent their relationship with MentalFit. 

• Use paid ads targeting “MentalFit” or related brand terms. 

• Post deceptive, spam, or misleading content. 

• Offer unauthorized incentives, rebates, or cash-back schemes. 

• Violate any applicable advertising or data protection law. 

• Use bots or fake traffic to generate sales. 

MentalFit may immediately terminate any affiliate for violations and withhold unpaid commissions. 

 

9. Intellectual Property 

Affiliates may use MentalFit branding, logos, and assets solely for promotional use under these Terms. 
All rights remain the exclusive property of MentalFit, LLC 
No modification, misuse, or derivative use is permitted. 

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10. Independent Contractor Status 

Affiliates are independent contractors, not employees, agents, or representatives of MentalFit. 

No partnership, joint venture, or employment relationship is created by this Agreement. 

11. Confidentiality 

All non-public information disclosed by MentalFit—including financial, strategic, or technical data—must remain confidential. Unauthorized disclosure may result in termination or legal action. 

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12. Fraud and Invalid Activity 

MentalFit may withhold or reverse commissions for any fraudulent or invalid activity, including: 

• Self-referrals or fake accounts. 

• Manipulated billing, traffic, or signups. 

• Misleading or unethical promotions. 

Such behavior results in termination and forfeiture of all unpaid earnings. 

 

13. Suspension of Payments 

MentalFit may suspend or delay payments if it suspects fraudulent, abusive, or illegal activity or while verifying affiliate or user data. 

 

14. Commission Finality 

All commission determinations by MentalFit are final. Affiliates must raise any disputes within 30 days of payout; after that, commissions are deemed settled and non-contestable. 

 

15. Third-Party Providers 

Engage a Pro involves connections with independent third-party providers (e.g., BetterHelp, Calmerry). 
MentalFit is not a healthcare provider and is not liable for the acts, advice, or omissions of any third-party professional. 

Commissions apply only to MentalFit subscription access fees, not to third-party session or provider charges. 

 

16. Data Privacy and Compliance 

Affiliates must comply with all applicable data protection laws (HIPAA, GDPR, CCPA). 
No affiliate may collect, store, or share user data without MentalFit’s written consent. 
Violations will result in immediate termination and possible legal action. 

 

17. Indemnification 

Affiliates agree to indemnify, defend, and hold harmless MentalFit and its officers, employees, and agents from any and all claims, damages, or expenses arising out of: 

• Participation in the Program, 

• Misuse of promo codes or intellectual property, 

• Violations of laws or rights, or 

• Misrepresentation of MentalFit or its products. 

 

18. Limitation of Liability 

To the fullest extent permitted by law, MentalFit’s total liability shall not exceed the total commissions paid to the Affiliate in the preceding three (3) months. 
MentalFit is not liable for indirect, incidental, or consequential damages. 

 

19. Program Modification or Termination 

MentalFit may modify, suspend, or terminate the Program or these Terms at any time. Continued participation after changes constitutes acceptance of updated Terms. 

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20. Changes to Terms

MentalFit reserves the right to update, modify, or change these Terms and Conditions at any time, in its sole discretion. Any such changes will become effective immediately upon being posted on the MentalFit website or platform, unless otherwise stated. Continued participation in the Affiliate Program after any modification constitutes the Affiliate’s acceptance of the revised Terms. It is the Affiliate’s responsibility to review the Terms regularly to stay informed of any updates.

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21. Force Majeure 

MentalFit is not liable for delays or failures caused by events beyond its control, including natural disasters, strikes, system outages, or payment processor disruptions. 

 

22. Governing Law and Arbitration 

These Terms are governed by and construed in accordance with the laws of the State of Colorado, USA, without regard to conflict-of-law principles. 

Any dispute, controversy, or claim arising out of or relating to these Terms shall first be addressed through good-faith negotiation. 
If unresolved, disputes shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) in Denver County, Colorado under its Commercial Arbitration Rules. 

You acknowledge and agree that arbitration shall be conducted on an individual basis only — class actions, representative actions, and jury trials are expressly waived. 

Judgment on the arbitration award may be entered in any court of competent jurisdiction. 

 

23. Entire Agreement 

These Terms constitute the entire agreement between MentalFit and the Affiliate and supersede all prior communications or understandings. 

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24. Miscellaneous

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24.1. Assignment

Affiliate may not assign, transfer, sublicense, or delegate any rights or obligations under this Agreement, whether voluntarily, by operation of law, or otherwise, without the prior written consent of MentalFit. Any attempted assignment in violation of this section is void.

 

MentalFit may assign or transfer this Agreement, in whole or in part, at any time and without restriction, including to any affiliate entity, successor, or acquirer of the MentalFit platform or its assets.

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24.2. No Transfer of Codes or Accounts

Affiliate codes, dashboards, referral links, and payout rights are personal to the participating individual or organization and may not be sold, shared, transferred, or otherwise made available to any third party. Any attempt to transfer or allow another individual to use an affiliate code or account is strictly prohibited and may result in immediate termination from the program and forfeiture of unpaid commissions.