Effective as of 31st of January 2023
HeyGen may offer you an opportunity to become an independent HeyGen Affiliate (“Affiliate”), wherein you have the opportunity to earn additional money for HeyGen products, services, and accounts that you sell. HeyGen reserves the sole and exclusive right to determine the amount of remuneration each Affiliate will receive in exchange for the Affiliate’s efforts. Affiliate commission is further discussed herein. See also HeyGen Terms of Service, which apply to you in your role as Affiliate, unless otherwise expressly provided for.
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, You hereby 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.
All references to “HeyGen” herein mean and refer to HeyGen, 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 affiliate-program@heygen.com.
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/wpseTRqa73Gf5Ht98
You expressly consent to be contacted at the email address, social media, and phone number You provide in Your application about Your application and the Affiliate 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.
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 (“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.
Provided that the Sold Account (as defined below) remains in good status within thirty (30) days from the Sale, You will be paid a commission for each Sold Account that generates a payment to HeyGen in a month (“Commission”). Except as otherwise provided herein, Commission payments will be paid in the first week of each month following Heygen’ receipt of payment for a Sold Account, subject to the other terms of this Agreement. All Commission payments are based on the amount of fees received by Heygen, less sales taxes.
*You will earn 20% commissions on the plan purchased by your referral for as long as they are a customer within the first 12 months. If they pay monthly, you’ll be paid 20% of their monthly payment. If they pay annually, you will receive 20% of their payment as a commission. If they upgrade or downgrade, your commission will match the new payment at 20% accordingly. If they cancel, you will stop receiving commissions.
Enterprise plans are non-commissionable. If your referral begins on Boss Mode and upgrades, commissions will discontinue unless they downgrade to a commissionable plan.
All Commissions 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 Commission payment. Your Commission must equal or exceed Thirty Dollars ($30.00) (USD) before You receive a payment from HeyGen.
Participation in the Affiliate Program may require that you create an account through Third–a Party affiliate tracking and reports service provider called Rewardful. Use of Rewardful services is subject to their respective terms and policies available on their website https://www.rewardful.com/. If your application is approved, you will receive email instructions on how you can receive your designated Referral Link through the Rewardful platform.
*Commission rates and subject to change at any time.
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.
Commissions are paid only for transactions that actually occur between HeyGen and a Sale in which payment is received by HeyGen. 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 search engines including Google or Bing targeting HeyGen’s branded and trademarked keywords, the Affiliate will be in violation of this agreement and commissions will NOT be paid and the 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 Google or Bing, you must set negative keywords for "HeyGencom", "HeyGen", "HeyGen.com", and "heygen com".
If it is found that the traffic sent to the HeyGen website is bot traffic or malicious in behavior, the Affiliate will be in violation of this agreement commissions will NOT be paid and the Affiliate’s link will be banned, making it no longer possible for the 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.
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 violation 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. For the avoidance of doubt, and without limitation for purposes of the foregoing, any violation of the required disclosure will be deemed a material breach of this Agreement. See Appendix A, Section 2, Disclosure. In the event this Agreement is canceled due to Your breach, You immediately forfeit all Commissions, Bonuses, 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. 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.
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.
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.