Partner Terms

Affiliate Program Terms of Service

Last updated: July 7, 2026

These Affiliate Program Terms of Service ("Terms") govern your participation in the WhiteWhale Affiliate Program operated by BirdDog Software LLC (DBA "WhiteWhale"). By enrolling in our affiliate program through Tolt or accepting a partner referral link, you ("Affiliate" or "Partner") agree to be bound by these Terms. Certain partners may operate under separate, individually negotiated agreements. However, any referral made through Tolt or a WhiteWhale partnership referral link is governed exclusively by these Terms, regardless of any other agreement between you and WhiteWhale.

1. Program Overview

The WhiteWhale Affiliate Program allows approved partners to refer prospective customers to WhiteWhale and earn recurring commissions on the revenue generated from those referrals. WhiteWhale can handle all sales closing, onboarding, billing, and ongoing customer support unless the partner prefers to handle.

2. Commission Structure

Standard Rate. Affiliates earn a flat 20% recurring commission on the monthly subscription revenue collected from each customer referred through Tolt or via a WhiteWhale partnership referral link. This is the default commission rate for all affiliates enrolled through the program.

Recurring Nature. Commissions continue for as long as the referred customer remains an active, paying WhiteWhale subscriber.

Payment Schedule. Commissions are calculated on cash received and disbursed Net 15 following later of the end of each calendar month or when payment is received.

Exclusions. Commissions do not apply to the referral of other partners or affiliates. Commissions apply only to subscription revenue and do not include one-time fees, professional services, or custom engagements unless explicitly agreed in writing.

Any customer referred through Tolt or via a WhiteWhale partnership referral link is automatically enrolled under the standard 20% recurring commission agreement. Individually negotiated partner agreements do not apply to referrals made through Tolt or a partnership referral link by using these referral mechanisms, you agree that these Terms govern the commission structure for those referrals.

3. Referral Tracking & Attribution

Tracking. Referrals are tracked through Tolt or via unique partnership referral links assigned to each affiliate. It is the affiliate's responsibility to ensure referrals are properly attributed by using the correct link or referral mechanism.

Exclusivity Window. Confirmed referrals grant the affiliate a 60-day exclusivity period. If no deal closes within that window, the referral expires and the prospect may be contacted by WhiteWhale or other affiliates without commission obligation to you.

Duplicate Referrals. If multiple affiliates refer the same prospect, commission is awarded to the affiliate whose referral link or Tolt tracking was used at the time of purchase. No commission is owed to any other affiliate for that customer, regardless of prior introductions or referral submissions.

Pipeline Protection. WhiteWhale reserves the right to reject a referral if the prospect is already in WhiteWhale's active sales pipeline or has been in contact with WhiteWhale within the preceding 90 days. WhiteWhale will notify you of any such rejection.

4. Clawbacks & Refunds

If a referred customer receives a full or partial refund, issues a chargeback, or defaults on payment within the first 90 days of their subscription, WhiteWhale may recoup the corresponding commission amount from future payouts or request repayment.

5. Affiliate Conduct & Brand Guidelines

Accurate Representation. You may identify yourself as a "WhiteWhale Partner" or "Authorized WhiteWhale Partner." You may not represent yourself as WhiteWhale, a WhiteWhale employee, or otherwise imply a relationship beyond that of an independent affiliate.

Pricing. You must represent WhiteWhale's pricing accurately and may not advertise pricing below WhiteWhale's published rates without prior written consent.

Prohibited Claims. You may not make specific guarantees regarding revenue, meetings booked, pipeline generated, or ROI percentages. You may not use the term "Intent Data" in any public-facing marketing, social content, or sales collateral. WhiteWhale's technology is proprietary signal logic and should be described as such.

Anti-Spam. You may not use WhiteWhale's name in high-volume, unsegmented cold outreach campaigns. All outreach conducted on behalf of or referencing WhiteWhale must be professional and targeted.

Social Media & FTC Compliance. Affiliates must disclose their relationship with WhiteWhale in promotional posts (e.g., #WhiteWhalePartner) in accordance with FTC endorsement guidelines.

Brand Assets. WhiteWhale logos, trademarks, and brand assets may not be modified, distorted, or recolored. You may not register domain names or social media handles containing "WhiteWhale" without prior written consent. Approved assets are available upon request.

Enforcement. If WhiteWhale determines any content is damaging to its brand, you must remove or correct the content within 24 hours of written notice. Repeated violations may result in immediate termination of your affiliate status.

6. Confidentiality

You agree to keep all WhiteWhale confidential information, including but not limited to product roadmaps, pricing strategies, customer data, and internal processes, private and not disclose it to any third party without prior written consent from WhiteWhale.

7. Data Protection

If you access any personal data through WhiteWhale in the course of your affiliate activities, you agree to handle that data in compliance with all applicable data protection laws, including the CCPA and GDPR where applicable. You may not process personal data beyond what is necessary to fulfill your referral activities. Full data processing obligations are outlined in WhiteWhale's Data Processing Addendum, available upon request.

8. Intellectual Property & Non-Competition

All rights in the WhiteWhale platform, brand, and proprietary technology remain exclusively with WhiteWhale. You may not reverse engineer, decompile, or misrepresent the software. During the term of your affiliate participation and for 18 months thereafter, you may not develop or market a competing software product utilizing confidential information acquired through WhiteWhale. This does not restrict your general consulting, training, advisory, or unrelated software activities.

9. Term & Termination

Term. These Terms are effective upon your enrollment in the affiliate program and remain in effect for one year, auto-renewing annually unless either party provides written notice of termination.

Termination. WhiteWhale may terminate your affiliate status at any time for material breach of these Terms, including but not limited to brand guideline violations, misrepresentation, or fraudulent referral activity. You may terminate your participation at any time with 30 days' written notice.

Tail Period. Upon termination, you will continue to earn commissions on existing active referrals for 12 months following the termination date.

Customer Ownership. All referred customers are customers of WhiteWhale. Upon termination, WhiteWhale retains full rights to the customer relationship in relation to platform use and their subscription.

10. Limitation of Liability

WhiteWhale's aggregate liability under these Terms shall not exceed the total commissions paid to you in the 12 months preceding any claim. The WhiteWhale platform is provided "as is" without warranties of any kind. WhiteWhale is not liable for delays or failures to perform due to causes beyond its reasonable control, including acts of God, war, strikes, or catastrophic infrastructure failure.

11. Indemnification

You agree to indemnify, defend, and hold harmless WhiteWhale and its officers, directors, and employees from any third-party claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from your breach of these Terms, negligence, willful misconduct, or unauthorized representations regarding the WhiteWhale platform.

12. General Provisions

Independent Contractor. You are an independent contractor with no authority to bind WhiteWhale or enter into agreements on its behalf.

Non-Solicitation. For 12 months following termination, you may not solicit WhiteWhale employees.

Governing Law. These Terms are governed by the laws of the State of Michigan.

Amendments. WhiteWhale reserves the right to update these Terms at any time. Material changes will be communicated to active affiliates via email. Continued participation in the program following notice of changes constitutes acceptance of the updated Terms.

Severability. If any provision of these Terms is found unenforceable, the remaining provisions shall remain in full force and effect.

Entire Agreement. These Terms constitute the entire understanding between you and WhiteWhale regarding referrals made through Tolt or a WhiteWhale partnership referral link, and supersede all prior agreements on the subject. To the extent any individually negotiated partner agreement conflicts with these Terms regarding Tolt or referral link referrals, these Terms control.

Questions about the WhiteWhale Affiliate Program?
Contact us at hello@getwhitewhale.com

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All rights reserved. 330 E Liberty St Lower Level, Ann Arbor, MI 48104.