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ToldForward Affiliate Agreement

Version 2. Effective 2 November 2026.

Last updated: 2 November 2026.

Please read this agreement before you join. It explains how our affiliate program works: what you share, what you earn, when you are paid, and the rules that keep it honest. The most important parts are in bold.

This agreement applies the agreement to arbitrate in section 20 of our Terms of Service (section 17). Unless you opt out within 30 days, disputes between you and us are resolved by individual arbitration instead of in court, and you give up the right to a jury trial and to take part in a class action. Small claims court stays open to both of us.

1. About this agreement

1.1 The parties. This agreement is between you, the person who joins our affiliate program (“you”), and D2X Enterprises LLC, a limited liability company, of 30 S 15th St Ste 1550 PMB 852931, Philadelphia, PA 19102, USA, which provides the ToldForward service (“we”, “us”). “ToldForward” means that service, not a business of its own.

1.2 Joining. You join at https://affiliates.toldforward.com, by creating your affiliate account and accepting this agreement. Anyone who meets section 2 can join; we do not review applications first. You can cancel your affiliate account at any time (section 13.1).

1.3 The other documents. Our Privacy Policy explains what we collect about you as an affiliate (its section 3.10) and what we tell you about the people who join with your code (its section 7.2b). Our Terms of Service set out the discount your code gives a new member (its section 3.5). If you also have a ToldForward account, the Terms of Service still apply to that account; this agreement covers only the affiliate program.

2. Who can join

2.1 You must be 18 or older and live in the United States.

2.2 One affiliate account per person. It is yours alone. Do not share your sign-in, and do not let anyone else use your account or your code as their own.

2.3 To be paid, you connect a Stripe account through our portal (section 6). You can join and share your code before you do.

2.4 Give us true details, and keep them current.

3. Your referral code

3.1 Your code and link. When you join, you receive your own referral code, and a link with the code in it. Someone who creates a new ToldForward account with your code is your referral.

3.2 What a new member gets: 10% off the first year of a yearly Record Membership or Archive Membership. After the first year, the membership renews at the regular yearly price. The full terms for members are in section 3.5 of our Terms of Service.

3.3 Codes work only once sign-up is open. While sign-up is by invitation only, as it is during our soft launch, a code does not work and earns nothing. You can join and receive your code now, and we tell you by email when codes start working.

3.4 One code per new account, given at sign-up. A code cannot be added to an account later, used by someone who already has a ToldForward account, or combined with an invitation (an invited membership is already free).

4. What you earn

4.1 Your commission is 15% of what your referral actually pays for their first year of a yearly Record Membership or Archive Membership: the amount after the 10% discount, and before any sales tax. At today’s prices, that is about $16 for Record Membership and about $32 for Archive Membership.

4.2 The first year only. You earn once for each referral, from their first paid year. Renewals earn nothing.

4.3 When it is earned. When your referral pays for their first year. If they start with a free trial, that is when the trial ends and they are charged; if they cancel during the trial, nothing is earned.

4.4 What earns nothing:

a Historical Deposit;
extra designees, Preview, Dialogue and any other add-on;
paying Archive Membership ahead, such as 10 years ahead;
a free membership from an invitation;
a purchase by someone who did not use your code when they created their account;
your own membership, a membership you sign up for in someone else’s name, or the membership of someone you act for as their helper, agent under a power of attorney or guardian (self-referral);
a sign-up gained against sections 8 to 11.

4.5 We keep the count. A referral counts only if our system recorded your code when the account was created. We decide in good faith whether a sign-up, payment or commission counts, and the portal shows you each one, with its status. If you think we got one wrong, tell us and we will look again.

5. The 60-day hold, refunds and disputes

5.1 Each commission is held for 60 days from the payment it comes from, to allow for refunds and payment disputes (chargebacks). After 60 days with no refund or dispute, it is payable.

5.2 A refund or a dispute voids it. If the payment is refunded, even in part, or disputed with the member’s bank, the commission is void, and the portal shows you why. If we win the dispute, we may restore the commission.

5.3 After it is paid. If a payment is refunded or disputed after we have paid you its commission, we reverse that commission: we take it back from your Stripe account by reversing the transfer, take it from your later commissions, or ask you to repay it within 30 days.

6. Payouts, only through Stripe

6.1 We pay commissions only by transfer to your Stripe Connect account. Never by check, cash, gift card or any other way.

6.2 Connecting your account. Stripe runs the sign-up for your Stripe account: it checks your identity and collects your bank and tax details directly. Stripe’s own terms, including the Stripe Connected Account Agreement, apply between you and Stripe, and Stripe’s privacy policy covers what it collects. We see only what we need from Stripe, such as whether your account can receive payouts (Privacy Policy, section 3.10).

6.3 When we pay. When a commission’s hold ends, we transfer it to your Stripe account, as soon as your account can receive payouts. Stripe then pays it to your bank on its own schedule. Until your account is ready, payable commissions wait for you, without interest. We pay in US dollars.

6.4 Your payouts are in your Stripe dashboard, which you can open from the portal.

6.5 If we cannot pay you. If your affiliate account ends and, 12 months later, you still have not connected a Stripe account that can receive payouts, we deal with what we owe you as the law on unclaimed property requires.

6.6 Mistakes. If we pay you too much by mistake, we may take the difference from later commissions or ask you to repay it. If we pay you too little, we pay the difference.

7. Taxes

7.1 You are responsible for your own taxes on what you earn.

7.2 Tax forms. Where the law requires it, we report what we pay you to the IRS on a Form 1099, filed and delivered through Stripe with the tax details you gave Stripe. Keep them current there.

7.3 Commissions are not wages. We withhold nothing from them unless the law requires it.

8. Telling people you are paid

8.1 The law requires it, and so do we. Every time you recommend ToldForward with your code or link, say clearly that you are paid when people join. Federal law requires it: the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising say a connection like yours “must be disclosed clearly and conspicuously” (16 CFR 255.5).

8.2 Clearly and conspicuously means difficult to miss and easy to understand (16 CFR 255.0(f)):

next to your recommendation, before the link or code: not only in your profile, behind “more”, or at the end of a long post;
in plain words, in the language of your post;
in a video, both said and shown on screen; in audio, said;
every time, in each post, video, story, email or message;
not a hashtag alone, or a tag lost among other tags.

Many of the people ToldForward is for are older adults. Your disclosure has to be clear to them too (16 CFR 255.0(f)).

8.3 Lines you can use. Use or adapt these; the portal shows them too:

“I earn a commission if you join ToldForward with my code. You get 10% off your first year.”
“Paid link: ToldForward pays me when someone joins through it.”
“Ad: ToldForward pays me for this recommendation. My code gives you 10% off your first year.”
In a video, said and shown: “ToldForward pays me if you sign up with my code.”

8.4 Your honest opinion. Say only what you truly think, and describe only experience you really have (16 CFR 255.1). If you are not a member, do not say or suggest that you are.

8.5 No fake reviews. Never write a fake review, a review under another name, or a review of ToldForward that does not say you are paid, and never offer anyone anything to review ToldForward (16 CFR Part 465).

8.6 We may check. We may look at how you promote ToldForward, and ask you to correct or remove anything that breaks sections 8 to 10. Please do it promptly.

9. Describing ToldForward truthfully

9.1 Say only what is true, and what our own website says. Describe the discount as it is: 10% off the first year of a yearly membership, which then renews at the regular price.

9.2 Never say or suggest that ToldForward:

brings anyone back, speaks as a person, imitates their voice, image or likeness, or makes up what they would have said;
is therapy, grief counseling or a crisis service, or gives medical, legal, financial or tax advice;
replaces a will, a trust or an estate plan, or is a funeral, burial, cemetery or preneed service;
keeps a record forever, or can never lose data;
makes a Historical Deposit a donation or tax-deductible, sends a record to a particular library or archive, offers the Historical Deposit where it is not offered (Florida, Virginia and Indiana, for now), or is endorsed by any institution;
has a feature, price, discount or trial it does not have;
is endorsed by anyone who has not endorsed it, or is run by you.

9.3 You are not us. Never present yourself as ToldForward, as our staff or as our partner, and never make an offer or a promise for us. Send anyone with a question about an account to https://toldforward.com/contact.

9.4 No pressure. People often come to ToldForward late in life, when they are ill, or after a loss. Never pressure or rush anyone, and never play on fear or grief. Never sign someone up, choose for them or pay for them: each person decides for themselves, and creates their own account (Terms of Service, section 2.3).

9.5 Your profession’s rules. If you are a lawyer, financial adviser, insurance agent, funeral director, care worker or in another profession with its own rules on referral payments or on recommending things to clients, follow them: tell your clients you are paid, get any consent your rules require, and do not take part where your rules forbid it. That is your responsibility.

9.6 Adults only. Do not promote ToldForward to anyone under 18.

10. Where and how you promote

10.1 No spam. Do not send email, texts or other messages promoting ToldForward to people who have not agreed to hear from you. A personal message to someone you know is fine. If you email a list, it must be your own list of people who asked to hear from you, and every email must follow the CAN-SPAM Act (15 U.S.C. § 7701 and following; 16 CFR Part 316): a true sender and subject line, your postal address, a working unsubscribe link honored within 10 business days, and a clear statement that it is an advertisement unless the person agreed to receive it. Never send it in our name or from our domain.

10.2 No automated calls or texts. Do not use an autodialer, a prerecorded or artificial voice, or mass texting to promote ToldForward, and do not cold-call or cold-text anyone (47 U.S.C. § 227; 47 CFR § 64.1200).

10.3 Not our name in paid search. Do not bid on “ToldForward”, “Told Forward”, “toldforward.com”, or any misspelling or variation of our name or marks, as a keyword in paid search or any other advertising, and do not use them in a search ad’s headline or display address.

10.4 Our name and marks. You may use the name ToldForward to refer to us truthfully. Do not use it, or anything confusingly like it, in a domain name, a social media name or handle, an app, or a page that looks like ours, and do not use our logo or our website’s design without our written permission.

10.5 No tricks. No cookie stuffing, hidden or automatic redirects, forced clicks, bots, fake accounts, adware, or anything else that records your code for someone who did not choose your link.

10.6 Follow the law wherever you promote ToldForward, and the rules of each platform you use.

11. Members’ privacy and records

11.1 You never learn who joined. For each referral, the portal shows only the date, the membership, its status, and the amounts paid and earned. We never tell you a member’s name, email, or anything else about their account or record.

11.2 Do not try to find out. If you can tell who a referral is, keep it to yourself, and do not contact them because of it.

11.3 Never use anyone’s record or name. Do not use anything from anyone’s ToldForward record, or the name, words or story of a member or of anyone a member designated, to promote ToldForward. You may speak about your own experience.

12. Confidentiality

12.1 What we tell you that is not public, such as our plans, prices not yet announced, and how we detect misuse, is confidential. Use it only for the affiliate program, and do not share it until it becomes public, or for 3 years after you leave, whichever comes first.

12.2 This does not cover what you already knew, what becomes public without your fault, or what the law requires you to disclose; where the law allows, tell us first.

12.3 Section 11 never ends.

13. Cancelling, pausing, ending and changes

13.1 You can cancel your affiliate account at any time in the portal (Account, Cancel my affiliate account), by typing CANCEL to confirm. Your code stops working at once. Every commission already earned finishes its 60-day hold and is then paid to the Stripe account you set up, as sections 5 and 6 say. Until then you can still sign in to the portal to see what we owe you and when it is paid, and to open your Stripe dashboard.

13.2 We may pause your participation while we look into a possible breach of this agreement or of the law, or to protect members or ToldForward. While it is paused, your code earns no new commissions, and we may hold your payouts. We tell you why by email, unless the law forbids it.

13.3 We may end your participation:

at once, if you break this agreement or the law in a serious way, or again after we asked you to stop. Commissions from referrals connected with the breach are void; every other commission already earned is paid to the Stripe account you set up after its hold;
for any other reason, with 30 days’ notice by email. Every commission earned before the end is paid to the Stripe account you set up after its hold.

We tell you the reason by email, and you can ask our founder to review the decision.

13.4 We may change or end the program with at least 30 days’ notice by email and in the portal. A change never takes away a commission already earned, or lengthens its hold. A new commission rate or discount applies only to people who create their account after it takes effect. If you keep taking part after a change takes effect, the new version applies to you; if you do not agree, you can cancel your affiliate account before then. We may ask you to accept the new version in the portal. A change the law requires may take effect sooner, and we tell you as soon as we can.

14. Our relationship

14.1 You are independent. You are not our employee, agent, partner, joint venturer or franchisee. You cannot make promises or agreements for us, and you receive no employee benefits. You choose how you promote ToldForward, within this agreement, and pay your own costs.

14.2 Not exclusive. You may promote other products, and we may work with other affiliates.

14.3 Our name. We let you use the name ToldForward only as section 10.4 says, and only while you take part.

15. Limits of our responsibility

15.1 What is not limited. Nothing in this agreement limits or excludes our liability for death or personal injury caused by our negligence; for fraud or fraudulent misrepresentation; for our gross negligence, recklessness or willful misconduct; or for anything the law of your state does not allow to be limited, including what section 19 of the Terms of Service says is not limited in your state. This section 15.1 comes before everything else in this agreement.

15.2 What we promise. We will run the program as this agreement says, count referrals and commissions in good faith, and pay what we owe.

15.3 No other promises. We do not promise that you will earn anything, or that the portal, your code or your link will always work. Except as section 15.1 says, we are not responsible for a referral our system did not record because of something outside our control, such as a person who did not use your link or code.

15.4 Indirect loss. Except as section 15.1 says, we are not liable for loss of profits, revenue, business, goodwill or opportunity, or for indirect, special, incidental, consequential or punitive damages.

15.5 Cap. Except as section 15.1 says, our total liability to you for all claims about the affiliate program is limited to the greater of (a) the commissions we paid or owe you for the 12 months before the claim, or (b) $100. The cap never reduces a commission you earned and we have not paid.

15.6 Your responsibility. If you break this agreement or the law in promoting ToldForward (for example, by sending spam, leaving out the disclosure in section 8, making a misleading claim, or using our name in paid search), and someone makes a claim against us because of it, you will cover our reasonable losses and costs, including reasonable legal fees, to the extent they result from what you did. This does not apply to the extent the claim results from our own fault. We will tell you promptly about the claim, let you take part in defending it, and not settle it in a way that admits fault for you without your agreement.

15.7 Your state’s law. Section 19 of the Terms of Service names, state by state, each limit that does not apply, or applies differently, where you live. It applies to the limits in this section in the same way.

16. Accepting electronically, and notices

16.1 You accept electronically. You agree to accept this agreement, and to receive it, notices about it and your copy of it, electronically, by email and in the portal. You can ask for a paper copy, free of charge, by writing to us (section 18.5).

16.2 What we keep as evidence. When you accept, we record the version, a fingerprint of the exact text, the time, your IP address and your browser.

16.3 Notices. We send notices to the email address of your affiliate account. Keep it current.

17. Disputes, arbitration, governing law and courts

17.1 Governing law. This agreement is governed by the laws of the Commonwealth of Pennsylvania, USA, without regard to its conflict-of-laws rules. The Federal Arbitration Act governs the agreement to arbitrate that section 17.2 applies.

17.2 Section 20 of the Terms of Service applies to every dispute between you and us about this agreement or the affiliate program, as if it were written here, with “the service” including the affiliate program and “these Terms” including this agreement: talking to each other first for 60 days, small claims court, individual arbitration administered by the American Arbitration Association, the waivers of class actions and jury trials, its fees, and your right to opt out within 30 days after you accept this agreement, by email to inquiries@toldforward.com with the subject “Arbitration opt-out”, or by mail to the address in section 1.1. One opt-out covers the Terms of Service, this agreement and every other agreement with us that applies section 20. A dispute that is not arbitrated goes to the courts that section 20.3 of the Terms of Service names, except where its section 19 says otherwise for your state.

17.3 Fees, whichever rules apply. If the American Arbitration Association decides that its Consumer Arbitration Rules do not apply to a dispute under this agreement, and applies other rules, you still pay no more in its fees than section 20.7 of the Terms of Service says you would pay under the Consumer Arbitration Rules; we pay the rest.

18. General

18.1 Read down, not struck out. If a court decides that any part of this agreement is invalid or unenforceable, that part is read down and applied to the greatest extent the law allows, rather than removed, and the rest of this agreement stays in effect.

18.2 The whole agreement. This agreement, with the documents in section 1.3, is the whole agreement between you and us about the affiliate program. Our website and the portal describe the program in short form; where they summarize this agreement, this agreement controls.

18.3 Not giving up rights. If we do not enforce a right at once, we have not given it up.

18.4 Transfer. You may not transfer your affiliate account, your code or this agreement. We may transfer this agreement only to a successor that continues ToldForward, and we tell you if we do.

18.5 Contact. D2X Enterprises LLC, 30 S 15th St Ste 1550 PMB 852931, Philadelphia, PA 19102, USA. Contact form: https://toldforward.com/contact.

18.6 What survives. Sections 5, 6, 7, 11, 12, 15, 17 and 18 survive the end of your participation and of the program.