1. Overview
These Terms & Conditions (“Terms”) govern participation in the Foundation Formula Affiliate Programme (“the Programme”), operated by Nichola Toone Ltd (“we,” “us,” “our”). By applying to, joining, or promoting the Programme, you (“the Affiliate,” “you”) agree to be bound by these Terms in full.
The Foundation Formula is a paid programme priced at £997. The Programme allows approved Affiliates to earn commission by referring new paying clients using a unique, trackable affiliate link.
2. Eligibility & Application
Acceptance into the Programme is at our sole discretion. We reserve the right to:
Approve, decline, or remove any applicant or Affiliate at any time.
Set and change eligibility criteria (e.g. alignment with brand values, prior conduct).
You confirm that all information provided during application is accurate.
3. Commission Structure
Approved Affiliates earn a flat commission of £500 per successful, completed sale of The Foundation Formula (£997) made through their unique affiliate link.
Commission applies only to sales tracked and attributed via the designated affiliate platform (thrivecart).
Commission is per completed sale, not per lead or click.
The commission rate may be changed for future sales with reasonable notice (see Clause 11). Changes will not be applied retroactively to sales already completed.
4. Tracking & Attribution
All referrals must be tracked through our designated affiliate platform. Only sales correctly attributed through this platform will be eligible for commission. We are not responsible for lost commission due to:
A client not using the Affiliate's unique link
Browser settings, ad blockers, or cleared cookies preventing tracking.
Technical issues outside our reasonable control.
We reserve the right to review and audit tracking data at any time. Our platform records are the final authority in the event of any dispute over attribution.
5. Payment Terms
As The Foundation Formula is sold on a no-refund basis, commission is confirmed once the client’s payment has cleared in full.
For Pay in Full purchases commission is paid in full within 7 days, in arrears, for all confirmed sales
For sales made using Klarna or Pay it Monthly, commission will be paid in full within 14 days, in arrears, for all confirmed sales
For sales made via a ThriveCart payment plan, commission will be staggered in line with the plan and paid as each instalment clears. If the client's payments default, commission accrual will pause until payments resume.
Payments are made via the designated affiliate platform's payout method to the payment details you provide.
You are responsible for declaring and paying any tax due on commission earned. Commission is paid gross; we do not operate this as PAYE income.
We reserve the right to withhold or reverse commission where a sale is found to be fraudulent, made in breach of these Terms, or subject to a chargeback.
6. Use of Our Content & Materials
As part of the Programme, we may provide you with promotional materials, including but not limited to swipe copy, email templates, social media graphics, video clips, testimonials, and captions (“Affiliate Materials”).
Ownership.
All Affiliate Materials within The Affiliate Accelerator, along with all Foundation Formula programme content, branding, curriculum, methodology, frameworks, worksheets, and intellectual property (“Our Content”), remain the sole and exclusive property of Nichola Toone at all times. Nothing in these Terms transfers any ownership or intellectual property rights to you.
Permitted use.
You are granted a limited, non-exclusive, non-transferable, revocable licence to use Affiliate Materials solely to promote The Foundation Formula via your affiliate link, for as long as you remain an active, approved Affiliate.
You must NOT, under any circumstances:
Resell, sublicense, redistribute, or repackage Our Content or Affiliate Materials, in whole or in part, for any payment, barter, or benefit.
Present, teach, or repurpose Our Content as your own programme, course, coaching material, lead magnet, or freebie.
Use Our Content to create a competing or substantially similar product, service, or programme.
Edit, adapt, or “swipe” our copy, frameworks, or methodology to build your own paid or free offer.
Share login access, downloaded materials, or curriculum content with anyone who has not purchased The Foundation Formula.
Use Our Content beyond the period you are an active Affiliate, or after these Terms have ended.
Any breach of this clause entitles us to terminate your participation immediately (see Clause 9), pursue recovery of any commission paid, and pursue any other legal remedy available to us, including for copyright or intellectual property infringement.
7. Approved Promotion Methods
You may promote The Foundation Formula through organic content, email, social media, and paid advertising, subject to the restrictions below. You agree that all promotion will:
Represent the Programme honestly, without exaggerated, false or misleading income claims or guarantees of results.
Not imply you are an employee, partner in or co-founder of The Foundation Formula beyond your role as an independent Affiliate.
Comply with the UK Advertising Standards Authority (ASA) CAP Code, including clear disclosure that you are using an affiliate link (e.g. “#ad”, “affiliate link”, or equivalent).
Not use spam, unsolicited bulk email, or misleading subject lines to drive traffic.
Without our prior written permission, you must NOT:
Bid on our brand name, business name, or close variations/misspellings (e.g. “Nichola Toone,” “Foundation Formula”) in paid search or social advertising.
Use our brand name, trademarks, or programme name in a domain name, page URL, or ad headline.
Offer discounts, bonuses, refunds, or incentives beyond what we have officially authorised.
Impersonate Nichola Toone Ltd or claim to speak on our behalf.
8. Confidentiality
Any non-public information shared with you as part of the Programme — including pricing strategy, launch dates, curriculum details, conversion data, or internal communications — is confidential. You agree not to share this information outside the purpose of promoting the Programme.
9. Term & Termination
These Terms remain in effect for as long as you are an active Affiliate. Either party may end the relationship at any time, for any reason, with written notice.
We may terminate your participation immediately, without notice, if you:
Breach any part of these Terms, particularly Clause 6 (Use of Our Content) or Clause 7 (Approved Promotion Methods).
Engage in fraudulent, misleading, or unlawful activity in connection with the Programme.
Act in a way that damages our brand, reputation, or client relationships.
On termination, your licence to use Affiliate Materials and Our Content ends immediately. You must stop all promotion, remove affiliate links and materials from your platforms, and delete any downloaded files. Commission earned on valid, confirmed sales prior to termination will still be paid; commission on sales after termination will not.
10. Independent Contractor Status
You participate in the Programme as an independent Affiliate, not as an employee, worker, agent, or partner of Nichola Toone Ltd. You are responsible for your own tax, National Insurance, and any business registration obligations arising from commission earned.
11. Changes to These Terms
We may update these Terms from time to time to reflect changes to the Programme, commission structure, or legal requirements. We will give reasonable notice of material changes. Continued participation in the Programme after changes take effect constitutes acceptance of the updated Terms.
12. Liability & Indemnity
We are not liable for any indirect, incidental, or consequential loss arising from your participation in the Programme, including loss of income or business opportunity.
You agree to indemnify and hold Nichola Toone Ltd harmless against any claims, losses, or damages arising from your breach of these Terms, your promotional activity, or your misuse of Our Content.
13. Governing Law
These Terms are governed by the laws of England and Wales. Any disputes arising from these Terms or the Programme will be subject to the exclusive jurisdiction of the courts of England and Wales.
14. Acceptance
By applying to the Foundation Formula Affiliate Programme, generating or using an affiliate link, or promoting the Programme in any way, you confirm that you have read, understood, and agree to be bound by these Terms.
The Foundation Formula