Trust & Will logo

Trust & Will Affiliate Program Agreement

Last Modified: October 30, 2025

PLEASE READ THIS AFFILIATE PROGRAM AGREEMENT CAREFULLY.

This Affiliate Program Agreement, and all addenda and exhibits hereto (collectively, the “Agreement”) is a legally-binding agreement between Huge Legal Technology Company, P.B.C. dba Trust & Will ("Trust & Will," "Company," "we," "us," or "our") and you (the “Affiliate”) governing your participation in Trust & Will’s Affiliate Program. The terms “you”, “your”, and “Affiliate” refer to the individual or organization that is participating in the Affiliate Program. “Your site” means any site that you will link to https://trustandwill.com/ and any other website and/or application that we may request that you link to in order to promote the Trust & Will Services.

This Agreement sets forth the terms and conditions under which we will collaborate and defines the respective rights and obligations of each party in connection with the Affiliate Program. The primary terms between Affiliate and Trust & Will (the “Primary Terms”) are hereby incorporated by reference herein.

NOTE THAT TRUST & WILL SHALL HAVE NO OBLIGATIONS TO ANY PERSON OR ENTITY UNLESS OR UNTIL WE HAVE AFFIRMATIVELY ACCEPTED YOU INTO THE AFFILIATE PROGRAM BY SO NOTIFYING YOU VIA EMAIL OR ANY OTHER AGREED UPON MEANS.

1. DEFINITIONS

"Affiliate Program" means Trust & Will's affiliate program as described in this Agreement. 

"Affiliate Link" means the unique tracking link provided to you through the Platform that you use to promote Trust & Will Services."Customer" means an individual who purchases Trust & Will Services after clicking through your Affiliate Link.

"Net Revenue" means the gross revenue received by Trust & Will from a Customer Transaction, less refunds, chargebacks, taxes, and payment processing fees.

"Platform" means Impact Radius or any other affiliate tracking platform designated by Trust & Will. 

“Qualified Customer” means a Customer who (i) has not previously purchased a subscription to Trust & Will Services, and (ii) purchases a subscription to Trust & Will Services within 30 days from their click on the designated Affiliate Link. For the avoidance of doubt, if for any reason a Customer does not use an Affiliate Link, they cannot be considered a Qualified Customer regardless of the Affiliate’s efforts to refer such Customer. If the Customer clicks on multiple Affiliate Links, only the Affiliate whose Affiliate Link was last clicked will be awarded a Commission for that Customer.

"Qualified Customer Transaction" means a completed initial purchase of a will or trust by a Qualified Customer that is eligible for Commission pursuant to this Agreement.

"Trust & Will Services" means our estate planning services, including the initial will creation, trust formation, and related estate planning products offered through our platform. 

2. PROGRAM APPLICATION, ACCEPTANCE AND PARTICIPATION

2.1 Application & Acceptance Process

In order to participate in the Affiliate Program, you must apply by creating an account with us and filling out an application. You must have a valid bank account to receive payment. By applying to the Affiliate Program, you represent and warrant that you are at least 18 years of age, and you are not a resident of a country currently under sanction by the United States Office of Foreign Assets Control, which is subject to change at any time. Please note you are responsible for any payment processing fees imposed by the platform you choose to receive payment through. 

Upon completing an application to become an Affiliate, we will review your application and, in our sole discretion, determine whether to accept or reject your application based on the criteria we deem relevant, which may include, without limitation:

  • Professional qualifications and licensing status

  • Audience alignment with our target demographics

  • Content quality and brand alignment

  • Compliance history with applicable laws and regulations

We may require additional information or certifications before acceptance. If you are accepted into the Affiliate Program, we will notify you in writing.

If we do not notify you of acceptance within thirty (30) days, your application shall be deemed rejected.

You expressly consent to be contacted about your application and the Affiliate Program through the Platform, at the email address and/or social media handle you provide in your application. This consent is a material condition of this Agreement and may not be revoked except in writing.

By using the Affiliate Program in any way, you are agreeing to be bound by the terms of this Agreement, and you will be registered to participate in the Affiliate Program. We may terminate your participation in the Affiliate Program if we determine (in our sole discretion) that you or your site is unsuitable for the Program, if you violate the terms set forth herein, or for any other reason upon notice to you. Unsuitable sites include, but are not limited to, those that:

  • infringe the intellectual property rights of any party including Trust & Will, including the improper use or inclusion of any trademark or any use of Trust & Will’s intellectual property in violation of this Agreement. Specifically, you will not use in your domain name or URL nor purchase or register in any search, referral, or advertising service the term "Trust & Will;

  • violate any law, rule or regulation;

  • contain or promote any content that is threatening, harassing, defamatory, obscene, harmful to minors, or contains nudity, pornography or sexually explicit materials, or contains any content relating to illegal drugs or activity;

  • contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, interfere with, surreptitiously intercept or expropriate any system, data, or personal information; or

  • contain software or use technology that attempts to intercept, divert or redirect Internet traffic to or from any other website, or that potentially enables the diversion of affiliate commissions from another website. This includes toolbars, browser plug-ins, extensions and add-ons.

2.2 Non-Exclusivity

Unless agreed to otherwise in an order form or similar document executed between the Parties, this Agreement does not create an exclusive relationship. Both parties may work with other parties offering similar services.

2.3 Coupon Guidelines

If you are enrolled in our Affiliate Program and your site promotes coupon codes, you must adhere to our Coupon Guidelines as follows:

  • You may only advertise coupon codes that are provided to you through the Affiliate Program.

  • Posting any information about how to work around the requirements of a coupon/promotion (e.g, first-time customers only) will result in removal from the Affiliate Program.

  • Coupons must be displayed in their entirety with the full offer, valid expiration date and code.

  • You may not use any technology that covers up the coupon code and generates the Affiliate Link by revealing the code(s).

  • You may not advertise coupon codes obtained from any non-affiliate marketing channel, including coupon codes from our email, paid search or any other non-affiliate advertising campaigns.

  • You may not give the appearance that any ongoing offer requires clicking from your site in order to redeem. For example, if all Individual Trusts are priced at $599, you may not turn this into an offer that infers that the customer must click from your site to get this deal.

Additionally, if your site ranks on the first page of Google for terms related to our website or company name(s) combined with the words coupon, coupons, coupon code, promo code, etc. and/or your conversion rate exceeds our Affiliate Program average, you may be offered a lower Commission than our standard rate to offset the reduced profitability of orders.

2.4 Sub-Affiliate Networks

Promotion of Trust & Will through a sub-affiliate network is permitted, provided that you maintain full transparency regarding the sources of all traffic generated by your sub-affiliates. You are responsible for ensuring that all sub-affiliates participating in your network comply with this Affiliate Program Agreement, including all advertising restrictions, such as the prohibition on promotion through toolbars or similar mechanisms.

3. COMMISSIONS AND PAYMENT

3.1 Commission Rate

You will earn a standard commission of twenty percent (20%) of Net Revenue for each Qualified Customer Transaction (“Commission”).   

3.2 Eligibility Requirements

To be eligible for Commission:

  • The purchase must be made by a Qualified Customer

  • The purchase must occur within the tracking period specified in the Platform

  • Qualified Customer must complete payment and not request a refund during the validation period

  • You must remain compliant with all terms of this Agreement

No Commissions are paid on renewal terms. Commissions are only paid on the initial transaction. 

We reserve the right to change the Commission amounts upon written notice to you. In such a case, the new Commission price shall take effect immediately for any Qualified Customers referred after the date of notice of Commission price change. Your continued participation in the Affiliate Program will signify your acceptance of any new Commission amount or changes to the payment schedule of Commissions.

Affiliate is not allowed to refer themselves and the Affiliate will not receive Commissions on purchases coming from their account.

3.3 Payment Terms

Commission payments for Affiliates will be processed monthly through the Platform by us or our payment partner, Impact.com. You agree to provide all information reasonably requested to facilitate payment, including your PayPal account details, bank account information, or other payment credentials. Payments are subject to the minimum payout threshold specified in the Platform. No payments will be issued until all required tax documentation has been completed and approved. You are solely responsible for any applicable taxes, fees, or charges associated with payments received under this Agreement, including PayPal’s current processing fee. 

All Commissions are subject to a sixty (60) day validation period to account for refunds, chargebacks, and compliance verification. Furthermore, we reserve the right to refuse or reverse Commissions in the event you are in breach of this Agreement.

4. TEMPORARY SUSPENSION AND RIGHT OF SETOFF

If we have reason to believe that you are acting fraudulently in any way, including by referring Customers to us that are not real prospects, we may suspend or terminate your participation in the Affiliate Program. In addition, we have the right of setoff to withhold future payments otherwise owed to you in an amount equal to Commissions previously paid to you that we determine were calculated based on your fraudulent activity.  In making such determinations, we will investigate the matter using various tools, metrics and third parties as we deem necessary.

5. AFFILIATE OBLIGATIONS AND COMPLIANCE

5.1 FTC Disclosure Requirements

You must comply with all Federal Trade Commission guidelines regarding endorsements and testimonials during your participation in the Affiliate Program. This includes providing clear and conspicuous disclosure of your affiliate relationship with Trust & Will. Disclosures must appear immediately adjacent to any Affiliate Link and must include language such as “I earn a commission if you purchase through my link” or a substantially similar statement. For social media posts, appropriate hashtags such as #ad, #affiliate, or #sponsored must be used. On websites, a disclosure of your affiliate relationship must appear on any page that contains Affiliate Links.

5.2 Professional Licensing Compliance

If you are a licensed professional, including but not limited to an insurance agent, realtor, financial advisor, or attorney, you must comply with all applicable professional licensing and advertising requirements in your jurisdiction. You agree to adhere to all state-specific rules governing your profession, maintain appropriate professional boundaries, and avoid any conduct that could constitute the unauthorized practice of law. Where relevant, you must clearly disclose your professional status in connection with your promotional activities. 

5.3 No Legal Advice; Referral Role

You acknowledge and agree that Trust & Will, and not you, provides services to Customers. Your participation in the Affiliate Program is limited to referring potential customers and does not authorize you to provide legal advice or make any legal representations regarding the Trust & Will Services or Customer needs. You must not engage in the unauthorized practice of law and may not offer legal conclusions or advice unless you are properly licensed and authorized to do so.

5.4 Privacy and Data Protection

You must comply with all applicable data protection and privacy laws, including without limitation the California Consumer Privacy Act (“CCPA”) and any similar laws and regulations. You agree to obtain all necessary consents before collecting or sharing personal information, protect any Customer data in accordance with applicable privacy standards, and use such data solely for purposes related to the Affiliate Program. You must promptly and fully honor any requests to opt-out of communications or data sharing.

6. PROHIBITED ACTIVITIES

During the term of this Agreement, and while you are participating in the Affiliate Program, you agree that you will not behave contrary to this Agreement, or in violation of applicable laws and regulation. You will not engage in any misleading or inappropriate advertising, including without limitation: 

  • Fraudulent or deceptive practices, such as cookie stuffing or pop-ups, false or misleading links, masking referring URL information, using your own Affiliate Link to purchase Trust & Will Services, or using automated lead generation tools or devices;

  • Competitive advertising, such as bidding on Trust & Will branded keywords in paid search, creating competing advertisements that could confuse customers, or trademark infringement or unauthorized use of Trust & Will marks;

  • Posting or using inappropriate content, such as misleading or false claims about Trust & Will Services, inappropriate or offensive content associated with Trust & Will, spam or unsolicited communication, or violation of platform terms (social media, email, etc.) on which you are posting content; or

  • If promoting to real estate professionals or in real estate contexts, using steering language that influences customer selection of real estate services, referral fees based on real estate transactions, or lack of separation between the Affiliate Program promotion and real estate referrals.

If you are found to be in breach of the above, you will be deemed to have forfeited any earned Commission and will be liable to return to use any and all Commission already received.

7. INTELLECTUAL PROPERTY RIGHTS

7.1 Use of Licensed Materials

We may provide you with promotional materials, including but not limited to graphic banners, Trust & Will marks, logos, and other content for use on your website or social media pages (“Licensed Materials”). We grant you a nonexclusive, revocable, worldwide, royalty-free license during the term of this Agreement to use the Licensed Materials and such other text or images for which we grant express permission, solely for the purpose of including such Licensed Materials on your site or other promotional materials in accordance with this Agreement and any other brand guidelines that we may provide. You may not alter the Licensed Materials without express written permission from us. You agree to cease using any Licensed Materials not in accordance with our brand guidelines upon our request or upon termination of your Affiliate status. You also agree to avoid misleading implications of endorsement or partnership beyond the Affiliate relationship. This license can be revoked by us at any time, effective immediately upon notice. We retain all rights, title, and interest in the Licensed Materials.

We reserve the right to review text on your site and any other promotional materials, and may request that you make changes to such text at any time and for any reason. If we make such a request, then you must edit the text and submit such changes for our approval. If you do not make such changes, we may revoke the licenses granted to you hereunder. In addition, we may revoke all or a part of the license granted hereunder at any time by giving you written notice via email to your last provided e-mail address.

Except for the license granted in this Section 7.1 you do not obtain any rights under this Agreement in any of our intellectual property, including, without limitation, any intellectual property with respect to the Trust & Will or domain name.

7.2 Affiliate Marks

You grant Trust & Will a non-exclusive, revocable, worldwide, royalty-free license during the term of this Agreement to use your name, likeness, logos, trademarks and service marks on the Trust & Will website and in Trust & Will’s advertising and promotional materials to indicate your connection with, and participation in, the Affiliate Program.

8. REPRESENTATIONS & WARRANTIES AND DISCLAIMERS

8.1 General

You represent and warrant that you (a) have the right, power and authority to enter into this Agreement and perform your obligations as set forth herein, (b) are under no obligation or restriction, nor will you assume any such obligation or restriction, that does or would interfere or conflict with this Agreement, (c) have exclusive ownership of your name and/or logo, and (d) the information you provide to us in connection with this Agreement is true, correct and complete.

8.2 Compliance with Law

As an Affiliate, you represent and warrant that you comply with, and will continue to comply with, all applicable U.S. and international laws, rules, and regulations. This includes, but is not limited to, laws governing marketing emails, such as the CAN-SPAM Act, Telemarketing Sales Rule, Telephone Consumer Protection Act, e-Privacy Directive (as may be superseded by the e-Privacy Regulation), any FTC rules, regulations, or guidelines related to marketing, endorsements, and disclosures of material connections, along with all other anti-spam laws, privacy laws and regulations, including the California Consumer Privacy Act and the General Data Protection Regulation, and rules, regulations, and laws governing false or deceptive advertising and intellectual property infringement. More information on FTC disclosure guidelines can be found on the FTC website, including at https://www.ftc.gov/tips-advice/business-center/advertising-and-marketing. Further information on the disclosure of material connections rules can be found on the same site. When acting as an Affiliate via third-party social media platforms (such as Facebook, Instagram, LinkedIn, Twitter, etc.), you agree to comply with all applicable policies and terms of use, community standards, and stated values of such third-party platforms.

You represent and warrant that you will comply with all privacy, marketing and other laws applicable to your obligations hereunder. Without limiting the foregoing, you represent and warrant that you will respect any opt-outs provided by potential customers and will not email any potential customer for whom you do not have the legal right to do so.

8.3 Disclaimers

We make no express or implied warranties or representations with respect to the Affiliate Program, including how much, if any, you will receive in Commissions.

9. INDEMNIFICATION

You will indemnify, defend, and hold Trust & Will harmless against any claims, damages and expenses (including, without limitation, attorneys’ fees) arising from or related to: (a) any misrepresentation or breach of your representations, warranties or obligations set forth in this Agreement, (b) your violation of applicable laws and regulations, (c) your participation in the Affiliate Program, (d) the development, operation, and maintenance of your site, promotional activities and content, (e) violation of third-party rights in your promotional materials, and (f) any modifications, alterations or customizations of any Trust and Will intellectual property not authorized by us. 

10. LIMITATION OF LIABILITY

We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Affiliate Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Affiliate Program will not exceed the total amount of all Commissions paid or payable to you under this Agreement.

11. TERM AND TERMINATION

11.1 Term

This Agreement will begin upon our acceptance of you into the Affiliate Program and continues until terminated by either party.

11.2 Termination Without Cause

Either party may terminate this Agreement with fifteen (15) days written notice to the other party. 

11.3 Termination for Cause

Trust & Will may terminate this Agreement immediately for (a) your material breach of this Agreement, (b) your violation of applicable laws or regulations, (c) your fraudulent or deceptive practices, or (d) actions by you that negatively reflect on the reputation of Trust & Will.

11.4 Effects of Termination

Upon termination of this Agreement for any reason you must cease use of, and remove from any of your sites, the Affiliate Link and all Licensed Materials. You are eligible to earn Commissions only for purchases of the Trust & Will Services by Qualified Customers that occur prior to the effective date of termination of this Agreement.

12. GENERAL PROVISIONS

12.1 Governing Law

This Agreement is governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict of law principles. All disputes related to this Agreement will be held in a court of competent jurisdiction in and you submit to the personal and exclusive jurisdiction of any venue in the federal and state courts located in Kent County, Delaware. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.

12.2 Independent Contractor Relationship

You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this section.

12.3 Modification

Trust & Will reserves the right to modify this Agreement at any time by posting the updated Agreement on the Trust & Will website or on the Platform where signup occurred.  We may also, in our discretion, choose to notify you in writing through the Platform. Any amended Agreement shall automatically be effective 10 days after it is initially posted as set forth herein and/or is emailed to you. Your continued participation in the Affiliate Program after such modifications are posted constitutes your acceptance of modifications. If you do not accept the revised Agreement, your sole and exclusive remedy is to discontinue participation in the Affiliate Program. The latest version of this Agreement will be posted on the Trust & Will website or on Impact.com, and you should review it frequently. In addition, we reserve the right, in our sole discretion, to modify or discontinue the Affiliate Program, for any reason, without notice.

12.4 Severability

If any provision is unenforceable, the remainder of the Agreement remains in effect.

12.5 Survival

Provisions of the Agreement that by their nature are intended to survive the term hereof shall survive the termination or expiration of the Agreement.

12.6 General

This Agreement constitutes the entire agreement between the parties regarding the Affiliate Program. It supersedes any and all prior or contemporaneous agreements, oral or written, and any other communications, representations, warranties and understanding relating to the subject matter of this Agreement. If any provision(s) of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. You may not assign this Agreement to any other party. Trust & Will shall not be deemed to have waived any of our rights or remedies unless such waiver is in writing and signed by us. No delay or omission on the part of Trust & Will in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies on future occasions.

By participating in the Trust & Will Affiliate Program, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement.