Last updated: May 5, 2026
These Partner Program Terms of Service ("Terms") govern your participation in the FirstTouch Partner Program (the "Program") operated by First Touch Inc., a Delaware corporation ("FirstTouch," "we," "us," or "our"). By enrolling in the Program, registering on our partner portal, clicking through these Terms, or referring any prospect to FirstTouch, you ("Partner" or "you") agree to be bound by these Terms.
If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity, in which case "Partner" refers to that entity. If you do not have such authority, you may not enroll in the Program.
"Affiliate Link" means a unique tracking URL provided to Partner via the Tolt platform, used to track Referrals to FirstTouch.
"Customer" means a prospect that becomes a paying subscriber to a FirstTouch Subscription as a result of a Qualified Referral.
"Deal Registration" means a written submission by Partner, via FirstTouch's partner portal or to info@firsttouch.com, of a named prospect along with reasonable identifying details, in advance of FirstTouch engaging with that prospect.
"Net Seat Revenue" means subscription seat fees actually received by FirstTouch from a Customer in U.S. dollars, exclusive of (i) taxes; (ii) refunds and chargebacks; (iii) discounts, credits, and write-offs; (iv) credit purchases, top-ups, and consumption-based fees; (v) professional services, implementation, and onboarding fees; (vi) usage overages; and (vii) any third-party pass-through charges.
"Qualified Referral" has the meaning set forth in Section 4.
"Subscription" means a paid subscription to FirstTouch's products and services on a seat-based pricing plan.
"Tolt" means the third-party affiliate platform FirstTouch uses to administer the Program.
2.1 Enrollment. Partner enrolls in the Program by completing FirstTouch's onboarding flow on Tolt, accepting these Terms, and providing valid tax and payment information. FirstTouch may accept, reject, or revoke Partner's enrollment at any time, in its sole discretion, with or without cause.
2.2 Authority. Partner represents and warrants that (a) it has full authority to enter into these Terms; (b) its participation in the Program will not violate any other agreement or applicable law; and (c) all information it provides during enrollment is accurate and current.
2.3 No Existing Relationship. Partner may not enroll if Partner is, or any of Partner's affiliated entities are, a current FirstTouch Customer or were a FirstTouch Customer within the prior twelve (12) months.
The Program supports two referral paths, with different rules depending on the expected size of the deal.
For prospects expected to result in a Subscription with annual contract value below US $18,000:
For prospects expected to result in a Subscription with annual contract value of US $18,000 or more, Partner must submit a Deal Registration before any FirstTouch engagement with the prospect. Affiliate Link clicks alone are not sufficient to attribute enterprise deals to Partner.
4.1 Qualified Referral. A prospect becomes a "Qualified Referral" only when (a) Partner has earned attribution under Section 3; (b) the prospect signs a Subscription with FirstTouch; and (c) FirstTouch has actually received payment from the Customer for the Subscription. Failed payments, declined cards, and unpaid invoices do not generate commission.
4.2 Excluded Prospects. No commission is payable, and no prospect will be deemed a Qualified Referral, where the prospect:
5.1 Standard Commission. For each Qualified Referral, FirstTouch will pay Partner a commission equal to twenty percent (20%) of Net Seat Revenue received from the Customer.
5.2 Commission Duration.
5.3 Commission Base. Commission is calculated on Net Seat Revenue only. For clarity, no commission is payable on credit purchases, professional services, implementation or onboarding fees, usage overages, taxes, refunds, chargebacks, discounts, or any other excluded amounts as defined in Section 1.
5.4 Discount Stacking. Commission is calculated on the post-discount, post-credit amount actually received by FirstTouch. If FirstTouch grants a Customer a discount, the commission base is reduced accordingly.
5.5 Refunds and Chargebacks. If FirstTouch refunds, credits, or charges back any portion of a Customer's payment, the commission previously paid on that portion will be (a) deducted from Partner's next commission payout, or (b) where no future payouts are reasonably expected, invoiced to Partner and payable within thirty (30) days.
6.1 Payout Schedule. Commissions earned in a calendar quarter will be paid within thirty (30) days after the end of that quarter (e.g., commissions earned in Q1 are paid by April 30).
6.2 Minimum Threshold. Commissions accrue, and payment is issued only when Partner's accrued unpaid balance equals or exceeds US $250. Balances below the threshold roll over to the following quarter.
6.3 Payment Mechanics. Payments are processed through Tolt. Partner is responsible for maintaining accurate banking, PayPal, or other payment information in Tolt and for any bank fees, currency conversion costs, or platform fees deducted from payouts.
6.4 Currency. All amounts are in U.S. dollars unless otherwise specified.
6.5 Taxes. Partner is solely responsible for all income, employment, and other taxes on commissions earned. Partner must provide a current IRS Form W-9 (U.S. partners) or W-8BEN/W-8BEN-E (non-U.S. partners) before FirstTouch is obligated to issue any payment. FirstTouch will issue Form 1099 or equivalent reporting where required by law.
6.6 Disputes. Partner must notify FirstTouch in writing of any dispute regarding a commission calculation within sixty (60) days of payout. After that period, the calculation is deemed accepted.
7.1 Term. These Terms begin on the date Partner enrolls and continue until terminated under this Section 7.
7.2 Termination for Convenience. Either party may terminate Partner's participation in the Program for any reason on thirty (30) days' written notice (which may be email).
7.3 Termination for Cause. FirstTouch may terminate Partner's participation immediately, upon notice, if:
7.4 Survival of Commissions. Notwithstanding any termination of these Terms or Partner's participation in the Program, Partner shall continue to receive commissions on Qualified Referrals that became Customers prior to termination, in accordance with Section 5 and for the periods specified therein, unless termination is for cause under Section 7.3(b) or 7.3(c) (in which case all rights to future commissions terminate immediately).
7.5 Effect of Termination. Upon termination, Partner shall (a) cease using FirstTouch's name, marks, and Affiliate Link; (b) remove all FirstTouch branding from Partner's channels; and (c) cease holding itself out as a FirstTouch Partner. Sections 5.5, 6, 7.4, 8, 9, 10, 11, 12, and 13 survive termination.
Partner agrees to comply with the following at all times:
8.1 Brand-Term Restriction. Partner shall not bid on, purchase, or otherwise use the keywords "FirstTouch," "First Touch," "firsttouch.com," "firsttouch.ai," or any close variant or misspelling, or any of FirstTouch's trademarks, in any paid search, display, or social advertising on Google, Bing, Meta, LinkedIn, X, or any other platform. This restriction includes any combination of FirstTouch's brand with terms such as "discount," "coupon," "promo," "deal," "sale," or "review."
8.2 No Direct Linking. Partner shall not direct paid traffic from any advertisement straight to firsttouch.com or any FirstTouch domain. All paid promotion must route through Partner's own owned web properties first.
8.3 Compliance with Law. Partner shall comply with all applicable laws and regulations, including without limitation the CAN-SPAM Act, Telephone Consumer Protection Act (TCPA), General Data Protection Regulation (GDPR), California Consumer Privacy Act (CCPA), and FTC endorsement and testimonial guidelines.
8.4 FTC Disclosure. Partner shall include clear and conspicuous "#ad," "Sponsored," or "Affiliate" disclosure on any paid promotion, sponsored content, or social-media post promoting FirstTouch.
8.5 No Misrepresentation. Partner shall not make any representations or warranties about FirstTouch, its products, or its services beyond what is contained in FirstTouch's then-current official marketing materials. Partner shall not (a) fabricate testimonials or case studies; (b) make false performance, ROI, or feature claims; or (c) imply any partnership, endorsement, or affiliation beyond participation in this Program.
8.6 Prohibited Channels. Partner shall not promote FirstTouch on any website, channel, or property that contains or facilitates: pornographic or sexually explicit content, hate speech, harassment, illegal goods or services, weapons, gambling, deceptive or misleading content, or content that infringes any third party's rights.
8.7 No Spam, No Cookie Stuffing. Partner shall not engage in spam, unsolicited commercial messaging, link farms, cookie stuffing, fraudulent click activity, or any other deceptive practice intended to inflate Partner's referrals.
8.8 No Self-Referrals. Partner shall not use Partner's own Affiliate Link or Deal Registration mechanism to refer Partner itself, employees of Partner, or any affiliated entity of Partner.
8.9 Records and Audit. Partner shall maintain reasonable records of its Program-related activity for two (2) years after the activity. FirstTouch may, on reasonable notice, audit those records to verify compliance.
9.1 Limited License. Subject to Partner's compliance with these Terms, FirstTouch grants Partner a non-exclusive, non-transferable, non-sublicensable, royalty-free, revocable license to use FirstTouch's name, logo, and approved marketing assets ("FirstTouch Marks") solely for the purpose of promoting Qualified Referrals to FirstTouch under the Program.
9.2 Brand Guidelines. Partner shall use FirstTouch Marks only in accordance with FirstTouch's brand guidelines, as updated from time to time. Partner shall not (a) modify the marks; (b) use them in a disparaging, misleading, or obscene manner; (c) register any domain, social handle, or trademark containing FirstTouch Marks or confusingly similar terms; or (d) imply any endorsement or partnership beyond participation in this Program.
9.3 Goodwill. All goodwill arising from Partner's use of FirstTouch Marks inures to FirstTouch. Upon termination, all rights to use FirstTouch Marks immediately revoke.
9.4 Reciprocal Use. Partner grants FirstTouch a non-exclusive, royalty-free license to use Partner's name and logo on FirstTouch's partner page, in marketing materials, and in case studies, subject to Partner's reasonable brand guidelines if provided in writing.
10.1 Confidential Information. "Confidential Information" means any non-public information disclosed by FirstTouch to Partner in connection with the Program, including pipeline data, pricing, product roadmap, commission structures (other than Partner's own), and Customer information.
10.2 Obligations. Partner shall (a) use Confidential Information solely for purposes of the Program; (b) protect it with at least the same care as Partner's own confidential information of like importance (and in any event no less than reasonable care); and (c) not disclose it to any third party except to its employees, contractors, or advisors with a need to know who are bound by confidentiality obligations no less restrictive than these.
10.3 Exclusions. Confidentiality obligations do not apply to information that (a) is or becomes publicly known without breach of these Terms; (b) is independently developed without use of Confidential Information; (c) is rightfully obtained from a third party without confidentiality obligations; or (d) is required to be disclosed by law (with prior notice to FirstTouch where practicable).
11.1 Independent Contractor. Partner is an independent contractor. Nothing in these Terms creates any employment, agency, partnership, joint venture, or franchise relationship. Neither party has authority to bind the other.
11.2 No Exclusivity. Partner may simultaneously refer prospects to other vendors (including direct competitors of FirstTouch). FirstTouch may admit additional partners, sell directly to any prospect, and terminate the Program in whole or in part at any time.
12.1 Disclaimer. THE PROGRAM AND FIRSTTOUCH'S PRODUCTS AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FIRSTTOUCH MAKES NO REPRESENTATION OR WARRANTY REGARDING THE AMOUNT OF COMMISSIONS, IF ANY, THAT PARTNER MAY EARN.
12.2 Limitation of Liability. EXCEPT FOR EITHER PARTY'S INDEMNIFICATION OBLIGATIONS UNDER SECTION 13 OR PARTNER'S BREACH OF SECTION 8 OR SECTION 10, IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, OR LOST DATA, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PROGRAM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.3 Cap. EXCEPT FOR PARTNER'S BREACH OF SECTION 8 OR SECTION 10, EACH PARTY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE TOTAL COMMISSIONS PAID OR PAYABLE TO PARTNER IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (B) US $10,000.
13.1 By Partner. Partner shall defend, indemnify, and hold harmless FirstTouch and its officers, directors, employees, and affiliates against any third-party claim arising out of or related to (a) Partner's breach of these Terms; (b) Partner's promotional activities, content, or channels; (c) Partner's violation of any law, including spam, privacy, or FTC laws; or (d) any representation or warranty Partner makes about FirstTouch beyond FirstTouch's official marketing materials.
13.2 By FirstTouch. FirstTouch shall defend, indemnify, and hold harmless Partner against any third-party claim alleging that FirstTouch's products or services, when used in accordance with FirstTouch's documentation, infringe a U.S. patent, copyright, trademark, or trade secret of such third party.
13.3 Remediation. If FirstTouch receives notice of an infringement claim covered by Section 13.2, or in FirstTouch's reasonable judgment such a claim is likely, FirstTouch may at its sole option and expense: (a) procure for Partner the right to continue promoting the affected products or services; (b) modify the affected products or services to be non-infringing without materially reducing functionality; or (c) terminate the affected Partner's participation in the Program and refund any unearned prepaid fees. Sections 13.2 and 13.3 state FirstTouch's sole liability and Partner's exclusive remedy with respect to any infringement claim.
13.4 Procedure. The indemnified party shall (a) promptly notify the indemnifying party of any claim; (b) give the indemnifying party sole control of the defense and settlement (provided that no settlement that imposes any liability or obligation on the indemnified party may be entered without that party's consent, not unreasonably withheld); and (c) reasonably cooperate.
FirstTouch may modify the Program, these Terms, commission rates, payment terms, restrictions, or any other aspect of the Program from time to time. FirstTouch will provide Partner with at least thirty (30) days' prior written notice (including by email or notice on the partner portal) before any change that materially reduces Partner's economics or materially increases Partner's obligations takes effect. If Partner objects to any such change, Partner may terminate participation in the Program effective as of the change effective date by written notice to FirstTouch within those thirty (30) days, in which case Section 7.4 (Survival of Commissions) applies.
15.1 Governing Law. These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles, and excluding the U.N. Convention on Contracts for the International Sale of Goods.
15.2 Venue. The parties consent to the exclusive jurisdiction of the Delaware Court of Chancery (for matters within its subject-matter jurisdiction, including equitable and IP claims) and the state and federal courts located in New Castle County, Delaware (for all other matters).
15.3 Class Action and Jury Trial Waiver. EACH PARTY WAIVES ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING. EACH PARTY ALSO WAIVES ANY RIGHT TO TRIAL BY JURY.
15.4 Equitable Relief. Notwithstanding Sections 15.1 and 15.2, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property, trade secrets, or confidential information.
16.1 Notices. Notices to FirstTouch must be sent to info@firsttouch.com. Notices to Partner may be sent to the email address Partner provides during enrollment. Notices are deemed received when sent.
16.2 Assignment. Partner may not assign these Terms without FirstTouch's prior written consent. FirstTouch may assign these Terms without consent to a parent, subsidiary, affiliate, or successor in interest in connection with a merger, acquisition, or sale of all or substantially all of its assets.
16.3 Entire Agreement. These Terms are the entire agreement between the parties regarding the Program and supersede all prior or contemporaneous communications and agreements regarding the same subject matter. No amendment is effective unless made in writing by FirstTouch (including unilateral updates under Section 14).
16.4 Severability. If any provision of these Terms is found unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force.
16.5 No Waiver. A party's failure to enforce any provision is not a waiver of its right to do so later.
16.6 Force Majeure. Neither party will be liable for delay or failure to perform due to causes beyond its reasonable control, except for payment obligations.
16.7 Headings. Section headings are for convenience only and have no legal effect.
Acknowledgement. By clicking "I Agree" during enrollment in the Program, or by submitting any Affiliate Link or Deal Registration, Partner acknowledges that it has read, understood, and agreed to be bound by these Terms.
For inquiries, deal registrations, and notices: info@firsttouch.com
