HeyGen Affiliate Partner Terms and Conditions
Effective as of January 15, 2025
HeyGen (as defined below) maintains a referral and commission program (as the same may be updated from time to time, the “Program”) and may offer You (as defined below) an opportunity to become an independent HeyGen Affiliate (as further described herein, “Affiliate”). Affiliates have the opportunity to earn compensation based on Sales (as defined herein) of HeyGen products, services, and accounts as further discussed herein. Determinations of compensation due and owing are in HeyGen’s sole discretion. Please also refer to HeyGen Terms of Service which apply to your use of the HeyGen services and your performance under this Agreement, and is hereby incorporated hereinto and made a part hereof, and supplements the terms of this Agreement.
This Affiliate Agreement (“Agreement”) governs Your application for, and any subsequent participation in, HeyGen’s Affiliate program. By clicking “I Accept the Terms and Conditions” and submitting your application, You thereby accept the terms of this Agreement, You indicate that You have read and understood this Agreement, and agree that You are bound by its terms.
SECTION 1 - PARTIES
All references to “HeyGen”, “we” or “us” herein means and refers to HeyGen Technology Inc., a Delaware corporation, doing business as HeyGen. All references to “You” and “Your” mean and refer to the person or entity who has executed this Agreement. HeyGen and You are each referred to herein as a “Party,” and collectively as the “Parties.” You agree to notify us in writing if the legal name of your business or account ownership changes within twenty-four (24) hours of such change and You certify that all such information is truthful and accurate. Notice of such changes should be sent to [email protected]
SECTION 2 - APPLICATION
You agree to provide all information requested by HeyGen in connection with Your Affiliate application, and You affirm that all information that You provide is truthful and accurate. You understand and agree that HeyGen retains sole and exclusive discretion to determine whether You qualify for participation in HeyGen’ Affiliate program. Not everyone who applies for HeyGen’s Affiliate program will qualify to participate.
The application to become an affiliate can be found at https://forms.gle/8eJR9cRVTpVXJ2sT8
SECTION 3 - CONSENT
You expressly consent to be contacted at the email address, social media, and the phone number You provide in Your application about Your application and the Program, including through automated dialing systems, texts and artificial or pre-recorded messages. This consent is a material condition of this Agreement and may not be revoked except in writing by both Parties.
SECTION 4 - ELIGIBILITY
By applying to join the HeyGen Affiliate Program, you confirm that you are at least 18 years of age and that:
(i) You have full legal capacity to enter into a binding agreement.
(ii) You will provide true, accurate, current, and complete information where requested, ensuring all details align with the terms of this agreement.
(iii) You will comply with all applicable laws and the terms outlined in this program. If applying on behalf of a legal entity, you further confirm that:
(i) You are authorized to accept the terms of this Agreement on behalf of that entity.
(ii) You have the legal capacity to bind the entity to this Agreement.
(iii) The entity has full legal power to enter into this agreement and fulfill the obligations defined herein.
SECTION 5 - COMPENSATION
If Your application to become an Affiliate is approved by HeyGen, You will receive a unique Affiliate ID. The Affiliate ID will be incorporated within each URL which You will use to advertise HeyGen. You will have the opportunity to receive a commission for each sale (“Sale”) that is registered using Your Affiliate ID. If a prospect has multiple Affiliate cookies (“Cookies”), the most recently-acquired Cookie will determine which Affiliate is credited with a Sale. There are some products and services sold that do not have trial periods.
Notwithstanding anything to the contrary set forth herein, whether or not a commission is payable under the Program is in HeyGen’s sole and exclusive discretion.
Provided that the Sold Account (as defined hereinafter) remains in good standing within sixty (60) days from the Sale and subject to the requirements below regarding non-commissionable sales, You will be paid a commission as set forth hereinafter (“Commission”). Commissions are paid only for transactions that actually occur between HeyGen and a Sale in which payment is received by HeyGen within a month of the date that the transaction that qualifies as a paid Creator or Team plan, in HeyGen’s sole discretion, occurs (each, a “Sold Account”), and in any event, only apply to revenue received by HeyGen during the first twelve months of HeyGen’s transaction history with a Sold Account. For clarity, Enterprise plans are non-commissionable. Commission rates are provided to You if you become an Affiliate, and are subject to change at any time, in HeyGen’s sole discretion. Commission payments will be paid in the month following the month in which Heygen receives a relevant payment for a Sold Account, subject to the other terms of this Agreement. All Commission payments are based on the amount of fees actually received by Heygen, less applicable taxes. Commission payments are only made to the extent that HeyGen actually receives and retains revenue.
For example:
If a Sale results in monthly payments to HeyGen, the Commission shall be paid monthly, corresponding to the actual revenue received by HeyGen. If a Sale results in annual payments, the Commission shall be paid annually, corresponding to the actual revenue received by HeyGen. To the extent any Sale is canceled in whole or in part, the Affiliate shall correspondingly cease to receive Commission payments. Commission Limitations Notwithstanding the foregoing or anything to the contrary set forth herein, Commissions are subject to the following limitations: A 60-day cookie duration applies, so if someone makes a purchase within 60 days of clicking your affiliate link, an Affiliate will earn the Commission for that sale, but if it happens thereafter, no Commission shall be payable. HeyGen is not responsible for Commissions where a prospect has cleared their cookies.
All Commissions will be specified by HeyGen in writing separately, and are paid in U.S. Dollars (USD) or otherwise in currencies offered by the payment provider. Some payment methods may incur processing fees that may be deducted from Your Commissions payment. Your Commission must equal or exceed One Hundred Dollars ($100.00) (USD) before You receive a payment from HeyGen. To receive your commission, you must have a valid payment method on file. You can view the available payment options in your affiliate account settings. You are responsible for payment of all taxes and fees (including bank fees) applicable to the Commission. All amounts payable by us to you are subject to offset by us against any amounts owed by you to us.
Participation in the Affiliate Program may require that you create an account through Third–Party affiliate tracking and reports service provider called Rewardful. HeyGen may update Commission levels through Rewardful from time to time. Use of Rewardful services is subject to their respective terms and policies available on their website https://www.rewardful.com/ or as they otherwise specify. If your application is approved, you will receive email instructions on how you can receive your designated Referral Link through the Rewardful platform.
Non-Commissionable Behavior
Affiliates will not be paid any Commissions for payments made on Affiliate’s own user account(s). Affiliates are not permitted to open a HeyGen account under the name of another person or entity, under a fictitious name, or under any name merely for the purpose of obtaining Commissions. Affiliates may not pay for another person’s or entity’s account. Affiliates are not permitted to offer cash rebates or other monetary incentives to obtain sales.
If payment for a Sold Account later results in a refund or chargeback, and if a Commission was paid to You for that Sold Account, then the Commission will be deducted from Your future Commissions.
If it is found that a sale came from paid traffic on any search engines (e.g., Google or Bing) or any other related search engine formats targeting HeyGen’ branded and trademarked keywords, Affiliate will be in violation of this agreement and commissions will NOT be paid and Affiliate’s link will be banned, making it no longer possible for Affiliate to track referrals and receive commissions.
If you are running search ads on a search engine, you must set negative keywords for “HeyGen”, “HeyGen.com”, “www.heygen.com”, “HeyGencom”, “heygen com”, “heygen ai”, and “app.heygen.com”.
If it is found that the traffic sent to the HeyGen website is bot traffic or malicious in behavior, Affiliate will be in violation of this agreement and commissions will NOT be paid and Affiliate’s link will be banned, making it no longer possible for Affiliate to track referrals and receive commissions. This traffic is recognized by server errors or high traffic with extremely low conversion rates, often sent from bad ad networks or purchased email lists.
If it is found that Affiliate is emailing purchased lists or people who have not opted-in to be contacted, or sending direct messages to people on social media soliciting HeyGen without the person's consent, Affiliate will be in violation of this agreement and commissions will NOT be paid and Affiliate’s link will be banned, making it no longer possible for Affiliate to track referrals and receive commissions.
If Heygen determines, in its sole and exclusive discretion, that any Sale was procured fraudulently or as a result of any violation of this Agreement or applicable law, no Commission will be paid for such Sale, and for past sales, such payment amounts shall be deducted from Your future Commissions, and HeyGen may terminate this Agreement immediately without HeyGen having any liability to You.
Affiliates may not make use of fake content reviews or AI tools to generate content about HeyGen to promote it. Affiliates shall comply with all applicable regulations and guidelines from relevant governmental authorities, including without limitation FTC regulations about promotional disclosure and otherwise.
SECTION 6 - TRADEMARKS
You grant to us a nonexclusive, nontransferable, royalty-free right to use and display your trademarks, service marks and logos in connection with the Program and this Agreement.
HeyGen trademarks are our trademarks and you may not use them without our prior written permission. During the term of this Agreement, in the event that we make our trademark available to you via written permission, you may use our trademark as long as you follow the usage requirements in this section and as we otherwise specify from time to time. You must: (i) only use the images of our trademark that we make available to you, without altering them in any way; (ii) only use our trademarks in connection with the Program and this Agreement; (iii) comply with our usage guidelines; and (iv) immediately comply if we request that you discontinue use. You must not: (i) use our trademark in a misleading or disparaging way; (ii) use our trademark in a way that implies we endorse, sponsor or approve of your services or products; or (iii) use our trademark in violation of applicable law or in connection with an obscene, indecent, or unlawful topic or material.
SECTION 7 - CONFIDENTIALITY
This Section applies without limiting any other obligations of confidentiality as may exist between the Parties. As used herein, “Confidential Information” means all confidential information disclosed by a party ("Disclosing Party") to the other party (“Receiving Party”), (i) whether orally or in writing, that is designated as confidential, and (ii) HeyGen customer and prospect information, whether or not otherwise designated as confidential. Confidential Information does not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party or (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party. The Receiving Party shall: (i) protect the confidentiality of the Confidential Information of the Disclosing Party using the same degree of care that it uses with its own confidential information, but in no event less than reasonable care, (ii) not use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement, (iii) not disclose Confidential Information of the Disclosing Party to any third party, and (iv) limit access to Confidential Information of the Disclosing Party to its employees, contractors and agents. The Receiving Party may disclose Confidential Information of the Disclosing Party if required to do so under any federal, state, or local law, statute, rule or regulation, subpoena or legal process.
SECTION 8 - TERM AND TERMINATION
The term of this Agreement will begin the earlier of when You click “I accept the Terms and Conditions” and submit; or Your participation in the Affiliate program is approved. Your participation in the HeyGen Affiliate program will continue month-to-month until terminated. Either Party may terminate this Agreement at any time, with or without cause, by giving the other Party written notice of termination. If, in our sole discretion, You fail, or we suspect that You have failed, to comply with any term or provision of the Agreement or the Terms of Service, or violated any law, whether in connection with Your use of HeyGen or otherwise, we may terminate the Agreement or suspend Your access to the Affiliate website (“Website”) at any time without notice to You. If it is found you are running ads for branded keywords on Google or Bing, including Heygen, Heygen.com, You are in material breach of this agreement and we may terminate your account and not pay Commissions on Sales. In addition, if, based on our data, You have a dispute rate greater than 10%, we may terminate this Agreement or suspend Your access to the Website at any time without notice to You. In such instances, and in our sole discretion, we may also for the aforementioned reasons, terminate our relationship and suspend any accounts owned/controlled by You. In the event this Agreement is canceled due to Your breach, You immediately forfeit all Commissions and any other payments owed to You or that may in the future be owed to You without any further liability by HeyGen to You. Additionally, this Agreement will terminate automatically if You earn no (zero) Commissions over a 12-month period.
If this Agreement is terminated or canceled, then all provisions that, by their nature, should survive, will survive, including, but not necessarily limited to, all limitations of liability, disclaimers of warranties, indemnity obligations, mandatory arbitration, and class action waiver provisions, and exceptions to arbitration. All representations and warranties undertaken by You shall also survive termination or cancellation of this Agreement and/or Your HeyGen account.
SECTION 9 - ADDITIONAL REPRESENTATIONS AND WARRANTIES
In addition to Your other representations and warranties herein, You further represent and warrant that there are no prior or pending government investigations or inquiries of, or prosecutions against You by the Federal Trade Commission (“FTC”), any other federal or state governmental agency, or any industry regulatory authority, anywhere in the world, nor any prior or pending private lawsuits against You which relate to alleged intentional torts or alleged violation of any consumer protection or advertising laws. If You become the subject of such an investigation, inquiry, prosecution, or lawsuit any time after this Agreement is executed, You are required to notify HeyGen of the same within 24 hours. HeyGen, in its sole and exclusive discretion, may immediately terminate Your participation in HeyGen’s Affiliate program, as well as immediately terminate this Agreement, based on any investigation, proceeding, or lawsuit identified pursuant to this paragraph.
SECTION 10 - INDEMNIFICATION
You will indemnify, defend and hold us harmless, at your expense, against any third-party claim, suit, action, or proceeding (each, an "Action") brought against us (and our officers, directors, employees, agents, service providers, licensors, and affiliates) by a third party not affiliated with us to the extent that such Action is based upon or arises out of (a) your participation in the Program, (b) our use of the prospect data you provided us, (c) your noncompliance with or breach of this Agreement, (d) your use of any affiliate tooling, including any third party tooling, or (e) our use of your trademarks as authorized hereby. We will: notify you in writing within thirty (30) days of our becoming aware of any such claim; give you sole control of the defense or settlement of such a claim; and provide you (at your expense) with any and all information and assistance reasonably requested by you to handle the defense or settlement of the claim. You shall not accept any settlement that (i) imposes an obligation on us; (ii) requires us to make an admission; or (iii) imposes liability not covered by these indemnifications or places restrictions on us without our prior written consent.
SECTION 11 - DISCLAIMER
WE AND OUR AFFILIATED COMPANIES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF THE HEYGEN PRODUCTS, HEYGEN CONTENT OR THE PROGRAM FOR ANY PURPOSE. APPLICATION PROGRAMMING INTERFACES (APIs) AND ANY AFFILIATE TOOLING MAY NOT BE AVAILABLE AT ALL TIMES. TO THE EXTENT PERMITTED BY LAW, THE HEYGEN PRODUCTS AND AFFILIATE TOOLING ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THE HEYGEN PRODUCTS AND THE AFFILIATE TOOLING INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
SECTION 12 – LIMITATIONS OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR BUSINESS OPPORTUNITIES. IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, WE ARE DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY, THE PARTIES AGREE THAT OUR AGGREGATE LIABILITY WILL BE LIMITED TO THE TOTAL COMMISSION AMOUNTS YOU HAVE ACTUALLY EARNED FOR THE RELATED CUSTOMER TRANSACTIONS IN THE TWELVE MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO A CLAIM.
SECTION 13 - MODIFICATION OF TERMS AND CONDITIONS
HeyGen reserves the right to modify or update these Affiliate Program Terms and Conditions at any time. Any changes will be communicated to affiliates through email and posted in the affiliate account dashboard. Changes will take effect 30 days after notification unless otherwise specified. Continued participation in the program after this period constitutes acceptance of the revised terms. You are solely responsible for re-reading the Agreement on a regular basis for any changes.
SECTION 14 - ENTIRE AGREEMENT AND MISCELLANEOUS
This Agreement, Appendix A below, along with HeyGen’s standard Terms of Service, represents the entire agreement between the Parties and supersedes any other written or oral agreement between the Parties as pertaining to Your Affiliate application and, if approved, Your rights and responsibilities as an Affiliate. The Affiliate’s relationship with HeyGen is that of an independent contractor, and nothing in this Agreement is intended to, or should be construed to, create a partnership, agency, joint venture or employment relationship. The Dispute Resolution provisions set forth in HeyGen’s Terms of Service are hereby incorporated into and made a part of this Agreement.
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