Creator / Contributor Terms

These Creator / Contributor Terms (the “Terms”) govern the relationship between Tones & Tells (the “Platform Operator”, “we”, “us” or “our”) and any individual or entity who registers as a creator, contributor, reviewer, influencer or affiliate publisher on the Tones & Tells platform (the “Platform”) (each a “Contributor”, “you” or “your”).

The Platform operates as a parenting and family content discovery and recommendation service. Contributors publish recommendation content which the Platform Operator may select for display, and users of the Platform may follow affiliate links to third-party retailers or service providers to complete purchases or obtain further information. No transactions are concluded on the Platform itself.

These Terms apply in addition to, and should be read alongside, the Platform’s Website Terms and Conditions, Privacy Policy, Affiliate Disclosure and Cookie Policy, each of which is incorporated into these Terms by reference. In the event of a direct conflict between these Terms and the Website Terms and Conditions on a matter specifically addressed by these Terms, these Terms shall prevail in respect of your activities as a Contributor.

By submitting a Contributor registration application, ticking any acceptance box presented during onboarding, or by submitting Content to the Platform, you confirm that you have read, understood and agree to be bound by these Terms. If you do not agree to these Terms, you must not register as a Contributor and must not submit Content to the Platform.

These Terms constitute a legally binding agreement between you and the Platform Operator. Where you are entering into these Terms on behalf of a business, agency or other organisation, you confirm that you have authority to bind that organisation, and references to “you” shall include that organisation.

In these Terms, the following words and expressions shall have the following meanings unless the context otherwise requires:

• “Affiliate Disclosure” — the Platform’s affiliate disclosure policy, as updated from time to time, which sets out the disclosure obligations applicable to affiliate and sponsored Content on the Platform.
• “Affiliate Link” — a hyperlink, tracking link, voucher code, referral code or similar mechanism through which a user of the Platform is directed to a third-party retailer, brand or service provider, and through which commission may become payable to the Platform Operator and, where applicable, to the relevant Contributor.
• “Content” — any text, image, video, audio, link, review, recommendation, product mention, social media post, profile information or other material submitted, posted, uploaded or otherwise made available by a Contributor in connection with the Platform.
• “Contributor Account” — the account created by a Contributor to access Contributor functionality on the Platform.
• “Cookie Policy” — the Platform’s cookie policy, as updated from time to time, which explains the Platform Operator’s use of cookies and similar technologies.
• “Effective Date” — the date on which these Terms are first published on the Platform, as shown at the top of this document or otherwise notified to Contributors.
• “Guidelines” — any content, style, formatting, disclosure or editorial guidelines issued by the Platform Operator to Contributors from time to time, as updated periodically.
• “Intellectual Property Rights” — all copyright, trade marks, design rights, database rights, rights in confidential information, and all other intellectual property rights of any kind, whether registered or unregistered, anywhere in the world.
• “Platform” — the Tones & Tells website, accessible at tonesandtells.com, together with any associated applications, sub-domains or successor platforms.
• “Privacy Policy” — the Platform’s privacy policy, as updated from time to time, which sets out how the Platform Operator collects, uses, and protects personal data.
• “Third-Party Retailer” — any retailer, brand, merchant or service provider whose products or services are referenced, reviewed or recommended in Content and to which a user may be directed via an Affiliate Link.
• “Website Terms and Conditions” — the general terms and conditions governing use of the Platform by its users, as updated from time to time.

References to “writing” or “written” include email. References to clauses are to clauses of these Terms unless stated otherwise. Headings are for convenience only and do not affect interpretation.

The Platform is operated by Tones & Tells.

Contact details for queries relating to these Terms: tonesandtells@gmail.com.

To register as a Contributor, you must:

• be at least 18 years of age, or such other minimum age as may be required by applicable law in your jurisdiction;
• have full legal capacity and authority to enter into a binding agreement;
• provide accurate, current and complete information during registration; and
• not be subject to any suspension, ban or other restriction previously imposed by the Platform Operator, unless expressly reinstated in writing.

Where a Contributor wishes to register on behalf of a business or brand, the individual completing registration warrants that they hold the necessary authority to bind that business or brand to these Terms.

The Platform Operator reserves the right to verify a Contributor’s identity, age and eligibility at any time and to decline or revoke registration where such verification cannot be satisfactorily completed.

To submit Content to the Platform, you must register for a Contributor Account and provide such information as the Platform Operator may reasonably require, which may include your name, contact details, social media handles, payment details and tax information.

You are responsible for maintaining the confidentiality and security of your Contributor Account login credentials and for all activity that occurs under your Contributor Account, save to the extent such activity results from the Platform Operator’s negligence or breach of these Terms.

You must notify the Platform Operator promptly in writing if you become aware of any unauthorised use of your Contributor Account or any other breach of security.

You must keep the information held in your Contributor Account accurate and up to date, including changes to your contact details, payment details and tax status. The Platform Operator shall not be liable for any loss arising from a Contributor’s failure to keep such information current.

The Platform Operator may suspend or terminate a Contributor Account in accordance with Clause 20 (Suspension and Termination) of these Terms.

As between you and the Platform Operator, you retain ownership of all Intellectual Property Rights in Content that you create and submit to the Platform, save where such Content incorporates pre-existing material owned by the Platform Operator or a third party.

Nothing in these Terms transfers ownership of your Content to the Platform Operator. The Platform Operator’s rights in respect of Content are limited to the licence granted under Clause 7 (Licence to Display and Use Content).

All Intellectual Property Rights in the Platform itself, including its design, layout, software, underlying technology, databases, look and feel, and any content created by or on behalf of the Platform Operator (excluding Contributor Content), are owned by the Platform Operator or its licensors.

The names “Tones & Tells”, associated logos, and any other trade marks, service marks or branding used in connection with the Platform are the property of the Platform Operator. No licence to use such trade marks is granted under these Terms except as may be expressly authorised in writing by the Platform Operator, including in connection with permitted promotional use of Contributor status under the Guidelines.

By submitting Content to the Platform, you grant the Platform Operator a non-exclusive, worldwide, royalty-free, sub-licensable and transferable licence to host, store, reproduce, display, distribute, publish, promote, adapt, modify (for formatting, technical or editorial purposes), and otherwise use your Content, in whole or in part, in any media now known or hereafter developed, for the purposes of operating, promoting, and improving the Platform.

The licence granted under this Clause includes the right for the Platform Operator to:

• display your Content on the Platform and feature it in curated collections, recommendations or editorial content;
• promote your Content via the Platform’s social media channels, email communications and third-party marketing channels, with attribution to you where reasonably practicable;
• make reasonable technical, formatting or stylistic adaptations to your Content for the purposes of display compatibility, accessibility or consistency with the Platform’s editorial standards; and
• create derivative works limited to thumbnails, excerpts, and promotional snippets of your Content for the purposes of Platform navigation, search functionality and promotion.

The licence granted under this Clause is granted for as long as the relevant Content remains on the Platform, and shall survive termination of your Contributor Account in respect of:

• Content that has already been published, promoted or distributed by the Platform Operator prior to termination, to the extent reasonably necessary to avoid disruption to published material, archived pages, or third-party syndication already underway; and
• any archived, cached or back-up copies retained by the Platform Operator in the ordinary course of its technical operations, for so long as such copies are retained.

Following termination of your Contributor Account, the Platform Operator will, within a reasonable period and upon written request, remove your Content from active display on the Platform, save to the extent retention is permitted under Clause 7.4 or required by law.

You acknowledge that the Platform Operator is under no obligation to display, publish, promote or continue displaying any Content, and that inclusion of Content on the Platform is at the Platform Operator’s editorial discretion.

As a Contributor, you agree that you shall:

• ensure that all Content is accurate, not misleading, and based on your genuine opinion or experience where presented as a recommendation or review;
• comply with all applicable laws and regulations in connection with your use of the Platform and the creation and publication of Content, including in respect of advertising, consumer protection and data protection;
• ensure that Content is original to you, or that you hold all necessary rights, licences, consents and permissions to submit and grant the licence in Clause 7 in respect of any third-party material incorporated into your Content;
• not submit Content that infringes the Intellectual Property Rights, privacy rights, or other legal rights of any third party;
• not submit Content that is defamatory, or that you know or ought reasonably to know to be false or misleading in a manner likely to cause harm;
• maintain reasonable professional standards in your conduct on the Platform, including in communications with the Platform Operator, other Contributors, and users; and
• comply with the Guidelines as updated by the Platform Operator from time to time, provided that material changes to the Guidelines will be notified to you with reasonable notice.

You are solely responsible for your Content and for the consequences of submitting it. The Platform Operator does not endorse, and is not responsible for, the accuracy, completeness or reliability of any Content.

The Platform operates on an affiliate and recommendation basis. Where Content includes an Affiliate Link, a product recommendation connected to a commercial relationship, or any other form of monetised or sponsored placement, you must clearly and prominently disclose this in accordance with the Advertising Standards Authority (ASA) CAP Code, guidance issued by the Competition and Markets Authority (CMA), and the Platform’s Affiliate Disclosure.

Disclosure must be made in a manner that is clear, upfront, and unavoidable to the ordinary user before they engage with the relevant Content — for example, through the use of labels such as “#ad”, “#affiliate”, “#sponsored”, or equivalent wording, positioned prominently and not buried within hashtags, captions, or linked pages.

You must not misrepresent the nature of your relationship with any Third-Party Retailer, brand, or the Platform Operator, and must not present sponsored or commissioned Content as independent or unsponsored opinion.

Where you receive free products, payment, commission or any other benefit in connection with Content featured on or linked from the Platform, you are responsible for ensuring this is disclosed in accordance with applicable advertising and consumer protection law, including Part 4, Chapter 1 of the Digital Markets, Competition and Consumers Act 2024.

The Platform Operator may issue, and update from time to time, specific disclosure templates or wording for use by Contributors via the Guidelines. Use of such templates does not relieve you of your own legal responsibility for adequate disclosure.

You acknowledge that responsibility for regulatory compliance in respect of your own disclosures rests with you, without prejudice to the Platform Operator’s own obligations in respect of Platform-level affiliate disclosures.

You must not replace, redirect, or otherwise substitute any Affiliate Link generated through the Platform with your own affiliate code, alternative tracking link, or other monetisation mechanism in respect of the same product or service recommendation, without the Platform Operator’s prior written consent.

You must not submit Content that:

• is unlawful, or that promotes, facilitates or instructs unlawful activity;
• infringes the copyright, trade mark, or other Intellectual Property Rights of any third party;
• is false, misleading, or deceptive, including false claims about products, services, pricing, availability or efficacy;
• is harmful, abusive, threatening, or is reasonably likely to cause distress to children, families or other vulnerable groups, having regard to the Platform’s parenting and family-focused audience;
• is obscene, sexually explicit, or otherwise inappropriate for the Platform’s audience;
• constitutes spam, or is intended to manipulate search rankings, engagement metrics or recommendation algorithms; or
• involves fraudulent activity, including misrepresentation of affiliate relationships or fabrication of reviews, testimonials or engagement.

The Platform Operator reserves the right to determine, in its reasonable discretion, whether Content breaches this Clause 10 or the Guidelines.

The Platform Operator may review, moderate, edit (for formatting purposes only, save as otherwise agreed), remove, hide, or decline to publish any Content at its sole editorial discretion, whether or not such Content breaches these Terms.

Without limiting Clause 11.1, the Platform Operator may, for the purposes of presentation, discoverability and accessibility of Content on the Platform, rewrite recommendation titles, prepare summaries, assign categories and subcategories, add tags, optimise recommendations for search engine visibility, and improve formatting and accessibility, in each case provided that the substance of the relevant recommendation is not materially altered and its intended meaning is not changed.

The Platform Operator may suspend or restrict a Contributor’s ability to submit Content pending investigation of a suspected breach of these Terms.

Where the Platform Operator becomes aware of Content that may infringe a third party’s rights, may be unlawful, or may expose the Platform Operator or its users to harm or regulatory risk, the Platform Operator may remove or disable access to such Content on an urgent basis without prior notice to the relevant Contributor, and will notify the Contributor of such action as soon as reasonably practicable thereafter.

Nothing in these Terms obliges the Platform Operator to publish, continue to publish, or to give reasons for declining to publish any Content.

A Contributor who disagrees with a decision to remove, restrict, or decline to publish their Content under this Clause 11 (other than a decision relating to an Intellectual Property Rights claim, which is addressed under Clause 15) may request that the Platform Operator review that decision by submitting a written request, including reasons, to tonesandtells@gmail.com within a reasonable period of being notified of the decision. The Platform Operator will consider any such request in good faith and respond within a reasonable period, but retains final editorial discretion as to the outcome.

This Clause 12 sets out the framework under which commission, revenue share or other payment may become payable to a Contributor in connection with their Content. The Platform Operator’s monetisation model, including the specific commission structures and payment mechanics described in this Clause, remains under development as at the Effective Date and is being tested and refined. Where this Clause refers to arrangements that are not yet finalised, the relevant provision is marked accordingly and will be confirmed and notified to Contributors, with these Terms updated as necessary, prior to such arrangements taking effect.

The Platform does not sell products or services directly. Where a user follows an Affiliate Link from Content to a Third-Party Retailer and completes a qualifying transaction, commission may be generated. The Platform Operator’s current intention is that, during the testing and launch phase, commission generated through a Contributor’s Affiliate Links will be passed to the relevant Contributor, subject to the terms of this Clause 12 and the rules of the applicable affiliate network or programme.

Affiliate tracking, attribution and commission calculation may be carried out using third-party affiliate network infrastructure, which as at the Effective Date is anticipated to include Impact. As at the Effective Date, Impact is used by the Platform Operator only for affiliate account and website verification purposes, and is not yet used for live affiliate link tracking or commission processing. The affiliate network(s) used by the Platform, and the method by which commission is tracked, calculated and attributed to individual Contributors, will be set out in the Guidelines, and will be confirmed and communicated to Contributors once the relevant affiliate tracking infrastructure is live.

Commission rates, revenue share percentages, and any minimum qualifying transaction values shall be as set out in the Guidelines or in a separate written commission schedule issued to Contributors from time to time.

Whether commission payments will be made directly by the Platform Operator to Contributors, or will be made directly to Contributors by the relevant affiliate network or Third-Party Retailer (with the Platform Operator acting only as facilitator of the relationship), will be confirmed and notified to Contributors via the Guidelines before any live commission payments are made. These Terms will be updated to reflect the confirmed payment routing prior to any live commission payments being made.

Eligibility for commission payments is conditional on: (i) the relevant Content complying with these Terms, including the disclosure requirements in Clause 9; (ii) the Contributor’s Contributor Account remaining active and in good standing; and (iii) such further eligibility criteria as may be set out in the Guidelines.

Payment schedule and minimum payment threshold: subject to Clause 12.7, payments will be made on a monthly basis in arrears, subject to a minimum payment threshold as set out in the Guidelines. The Platform Operator may amend the payment frequency and minimum threshold from time to time by updating the Guidelines, with reasonable notice to Contributors.

Contributors are solely responsible for determining and discharging their own tax liabilities, including income tax, self-employment contributions, and VAT (if applicable), arising from any commission or other payment received in connection with the Platform. The Platform Operator does not act as a Contributor’s tax agent and provides no tax advice.

The Platform Operator reserves the right to withhold, delay, or reverse (by way of clawback or deduction from future payments) any commission payment where:

• the underlying transaction is cancelled, refunded, returned, or otherwise reversed by the relevant Third-Party Retailer or affiliate network;
• the Platform Operator reasonably suspects fraudulent, manipulated, or non-genuine activity in connection with the relevant Affiliate Link or transaction; or
• the commission arose from Content that breached these Terms, including inadequate disclosure under Clause 9.

Any dispute regarding commission calculation or payment must be raised with the Platform Operator in writing within a reasonable period, and in any event no later than ninety (90) days, from the date the relevant payment was due. The Platform Operator will investigate disputes in good faith but its determination, acting reasonably and based on data available from the relevant affiliate network or Third-Party Retailer, shall be final.

Save as expressly set out in this Clause 12 or the Guidelines, Contributors are not entitled to any fee, salary, retainer, or guaranteed minimum payment for Content submitted to the Platform, and participation in the Platform does not of itself create any entitlement to payment.

You represent and warrant, on a continuing basis for so long as your Content remains on the Platform, that:

• your Content is original to you, save for any third-party material in respect of which you hold all necessary rights and consents;
• your Content does not infringe the Intellectual Property Rights, privacy rights, or other legal rights of any third party;
• your Content, and your conduct as a Contributor, complies with all applicable laws and regulations, including those referred to in these Terms;
• any disclosures made in or alongside your Content, including affiliate, sponsorship and commercial relationship disclosures, are accurate and complete; and
• all information provided to the Platform Operator in connection with your Contributor Account, including identity, contact, payment and tax information, is truthful, accurate and complete.

You agree to indemnify and hold harmless the Platform Operator, its officers, employees, and agents against any losses, damages, liabilities, costs and reasonable expenses (including reasonable legal fees) arising from any third-party claim relating to:

• an actual or alleged infringement of Intellectual Property Rights arising from your Content;
• a breach by you of any applicable law or regulation referred to in these Terms, including advertising, consumer protection and disclosure obligations;
• a defamation claim arising from your Content; or
• any other claim by a third party arising from your Content or your breach of these Terms.

This indemnity shall not apply to the extent that the relevant losses, damages, liabilities, costs or expenses arise from the Platform Operator’s own breach of these Terms, negligence, or wilful misconduct, or from the Platform Operator’s modification of your Content otherwise than as permitted under Clause 7.

If you believe that Content on the Platform infringes your Intellectual Property Rights, please submit a written notice to tonesandtells@gmail.com identifying the Content in question, the right you believe is infringed, and sufficient information to allow the Platform Operator to locate and assess the Content.

On receipt of a valid notice, the Platform Operator may remove or disable access to the relevant Content pending investigation, and will notify the Contributor who submitted the Content.

A Contributor who believes their Content has been removed in error may submit a counter-notice to the Platform Operator setting out the basis on which they consider the Content does not infringe the relevant rights. The Platform Operator will consider any counter-notice in good faith but retains final editorial discretion as to whether to reinstate the Content, having regard to the respective positions of the parties and the Platform Operator’s own risk position.

The Platform Operator may, at its sole discretion and at any time, modify, suspend, or discontinue any feature or functionality of the Platform, including features relevant to Contributors, such as content submission tools, analytics dashboards, or commission tracking tools.

The Platform Operator does not guarantee uninterrupted availability of the Platform and shall not be liable for any loss arising from temporary unavailability, scheduled maintenance, or technical failure, save where caused by the Platform Operator’s negligence.

Each party agrees to keep confidential any non-public information disclosed by the other party in connection with these Terms which is marked as confidential or which a reasonable person would understand to be confidential, including (in respect of the Platform Operator) commission rates, internal performance data, and unreleased platform features.

This Clause does not apply to information that is or becomes publicly available other than through breach of this Clause, that the receiving party already lawfully held, or that is required to be disclosed by law or regulatory authority.

The Platform Operator acts as the data controller in respect of personal data provided by Contributors, including account, contact, and payment information, and will process such data in accordance with the UK General Data Protection Regulation, the Data Protection Act 2018, and the Platform’s Privacy Policy (available at tonesandtells.com), which is incorporated into these Terms by reference.

Where Contributors submit Content that includes personal data relating to third parties (for example, in photographs, testimonials, or case studies), the Contributor is responsible for ensuring they have an appropriate lawful basis and, where required, consent, for including such personal data, and for ensuring that any such inclusion complies with applicable data protection law.

Nothing in these Terms shall exclude or limit either party’s liability for: death or personal injury caused by negligence; fraud or fraudulent misrepresentation; or any other liability which cannot be excluded or limited under English law.

Subject to Clause 19.1, the Platform Operator shall not be liable to a Contributor for any indirect or consequential loss, loss of profits, loss of business, loss of anticipated commission, or business interruption arising out of or in connection with these Terms, whether arising in contract, tort (including negligence), or otherwise.

Subject to Clause 19.1, the Platform Operator’s total aggregate liability to a Contributor arising out of or in connection with these Terms, whether in contract, tort or otherwise, shall not exceed the total commission actually paid to that Contributor in the twelve (12) months preceding the event giving rise to the claim, or £500, whichever is greater.

The Platform Operator shall not be liable for any loss arising from the acts or omissions of any Third-Party Retailer, affiliate network, payment processor, or other third party, including failure to honour a transaction, delay in payment, or inaccurate tracking, save to the extent caused by the Platform Operator’s own negligence.

Either party may terminate these Terms and the relevant Contributor Account at any time by giving written notice to the other party.

The Platform Operator may suspend or terminate a Contributor Account immediately, without notice, where:

• the Contributor has materially breached these Terms, including by submitting prohibited Content under Clause 10, or by failing to comply with disclosure obligations under Clause 9;
• the Platform Operator reasonably suspects fraudulent or manipulative activity in connection with the Contributor Account; or
• such action is reasonably necessary to comply with applicable law, regulatory guidance, or to protect the Platform, its users, or other Contributors from harm.

On termination of a Contributor Account for any reason, the licence granted under Clause 7 shall continue in respect of previously published Content to the extent set out in Clause 7.4, and any accrued and undisputed commission payable to the Contributor as at the date of termination shall remain payable in accordance with Clause 12, subject to the Platform Operator’s rights of withholding and clawback under Clause 12.9.

Clauses 6 (Content Ownership), 7.4 (surviving licence), 12 (Compensation and Commission Framework, to the extent of accrued sums), 13 (Creator Warranties), 14 (Indemnities), 17 (Confidentiality), 18 (Data Protection and Privacy), 19 (Limitation of Liability), and 22 to 30 (Force Majeure to Relationship of the Parties) shall survive termination of these Terms.

The Platform Operator may amend these Terms from time to time to reflect changes in the Platform’s operations, legal or regulatory requirements, or commercial arrangements, including the matters marked for confirmation in Clause 12.

Material changes will be notified to Contributors by email or via the Contributor Account dashboard with reasonable notice before they take effect. Continued use of the Contributor Account following such notice constitutes acceptance of the amended Terms. Where a Contributor does not agree to a material amendment, they may terminate their Contributor Account in accordance with Clause 20.

Neither party shall be liable for any failure or delay in performing its obligations under these Terms (other than payment obligations) to the extent such failure or delay results from circumstances beyond its reasonable control, including acts of God, war, civil unrest, industrial action, failure of third-party affiliate networks or payment infrastructure, or governmental action.

A Contributor may not assign, transfer, or sub-licence their rights or obligations under these Terms without the prior written consent of the Platform Operator.

The Platform Operator may assign or transfer its rights and obligations under these Terms, including in connection with a sale, merger, reorganisation, or transfer of the Platform or its business, provided that such assignment shall not materially diminish the Contributor’s rights under these Terms.

Save as expressly stated, a person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms.

If any provision of these Terms is held by a court or other competent authority to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect, and the parties shall negotiate in good faith to replace the invalid provision with a valid provision achieving, as closely as possible, the original intended effect.

These Terms, together with the documents incorporated by reference (including the Website Terms and Conditions, Privacy Policy, Affiliate Disclosure, Cookie Policy, and the Guidelines), constitute the entire agreement between the Contributor and the Platform Operator in respect of their subject matter, and supersede all prior agreements, understandings, or arrangements, whether written or oral.

These Terms, and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of England and Wales.

The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms.

Any notice given under these Terms must be in writing and sent by email to the relevant party’s registered email address (in the case of the Platform Operator, tonesandtells@gmail.com, and in the case of a Contributor, the email address held on their Contributor Account).

A notice sent by email shall be deemed received at the time of transmission, provided no delivery failure notification is received by the sender, or, if sent outside normal business hours, at 9:00am on the next business day.

No failure or delay by either party in exercising any right or remedy under these Terms shall operate as a waiver of that right or remedy, nor shall any single or partial exercise of any right or remedy preclude any further exercise of it. Any waiver must be given in writing to be effective and shall not be deemed a waiver of any subsequent or other breach.

Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between a Contributor and the Platform Operator. Each Contributor acts as an independent provider of Content and is not an employee, worker, partner, or agent of the Platform Operator, and has no authority to act on behalf of, or to bind, the Platform Operator in any way.

Each Contributor is solely responsible for their own tax, National Insurance, and any other statutory or regulatory obligations arising from their status, save as expressly set out in these Terms.

Queries regarding these Terms should be addressed to: tonesandtells@gmail.com.