Program Application


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    Conversion action Online purchase with processed valid payment
    Cookie days 180 days
    Commission type Percent of Sale
    Base commission 10.00%

    notes to self® socks target the subconscious mind - most receptive early in the morning and late at night - improving your thoughts, actions and performance! Made in the U.S.A.

    This notes to self Ambassador Program Agreement (including any schedules, exhibits or addenda attached hereto, the “Agreement”), is made and entered into as of the date identified below (the “Effective Date”), by and between notes to self, LLC, with an address of PO Box 8688, Prairie Village, Kansas, 66208, United States and the Ambassador identified in the onboarding process at Refersion.com (“Ambassador” or “you”). In consideration of the mutual promises contained herein, the parties agree as follows:

    I. Description of Services

    Ambassador agrees to provide services to notes to self, LLC under the terms and conditions of this agreement in connection to the notes to self Ambassador Program. These “Services” include and are not limited to generating and posting content (photos, product reviews, product endorsements, videos, podcasts, blogs, etc.), and sharing affiliate links and promotional information on the Ambassador’s website, social media accounts, webpages, and other communication channels in an effort to generate sales through notestoself.com.

    When providing the Services, Ambassador agrees to:

    1. Devote reasonable time, resources, and their best effort to the services as is necessary to perform professionally and diligently;
    2. Comply with all applicable laws and regulations;
    3. Determine the best methods (time, place, manner, means, and resources) to perform the Services;
    4. Provide and utilize their own equipment, tools, or other resources to fulfill the Services, with notes to self, LLC. providing certain materials such as branded imaging, taglines, and logos (the “Materials”) to assist in the Ambassador’s creation of content;
    5. Allow notes to self, LLC the right to demand the removal of any content from the Ambassador’s content channels at any time and agrees to remove such content in response to such demand.

    When providing the Services, Ambassador agrees not to:

    1. Make any derogatory statements about notes to self, LLC and notes to self ® brand or products;
    2. Link to any third-party websites, other than notestoself.com and notes to self social channels, on any social media or content creation channels or otherwise redirect visitors of the Ambassador’s pages or notestoself.com to third-party websites;
    3. Resell or distribute any notes to self ® products, including those received for free or as gifts, for commercial purposes, other than via the notestoself.com website;
    4. Promote notes to self ® products, the notes to self ® brand, or notes to self Ambassador Program via any paid media channels;
    5. Promote notes to self ® products, the notes to self Ambassador Program, the notes to self ® brand and notestoself.com via any website, media, social media, or electronic presence or resource that may be considered pornographic, lewd, offensive, or discriminatory;
    6. Commit any act or make any statement which might reasonably be considered: (i) to be immoral, scandalous or obscene; or (ii) to disparage or otherwise negatively affect notes to self, LLC or the notes to self ® brand;
    7. Engage in any fraudulent transactions, as reasonably determined by notes to self, LLC

    II. Compensation

    In consideration for the Services, notes to self, LLC will pay to Ambassador a percentage of the Net Revenue (as defined below) collected by notes to self, LLC in accordance with the Commission Appendix attached (the “Commission”). For purposes of this Agreement, “Net Revenue” means gross fees received by notes to self, LLC from Qualifying Orders (as defined below), less amounts paid for using store credit or gift certificates, taxes, duties and transaction-based costs and expenses, including but not limited to payment process fees and shipping fees. For purposes of this Agreement, “Qualifying Orders” means purchases of notes to self, LLC product via the Ambassador Page that are made by a method of payment accepted by notes to self, LLC. The Commission is also only paid to Ambassador if the Qualifying Order is final - any returns will cause that specific Commission to be deducted out of the month’s payouts. The Commission will be calculated solely based on records maintained by notes to self, LLC using its standard methodologies. notes to self, LLC will pay Ambassador its Commission on a monthly basis. Commission due hereunder will be made by notes to self, LLC to Ambassador through its payment processor (“Payment Processor”), which, as of the Effective Date, is PayPal Holdings, Inc. or Venmo. Ambassador is solely responsible for creating and maintaining a Payment Processor account, and communicating such account information to notes to self, LLC for purposes of receiving the payments set forth herein. notes to self, LLC is not responsible for making any payments based on any amounts which result from any fraudulent transactions, as
    reasonably determined by notes to self, LLC, including without limitation any transactions originating from Ambassador's IP addresses or computers under Ambassador’s control.

    III. Confidentiality

    Definition. “Confidential Information” means all trade secrets and confidential or proprietary information, whether or not in writing, concerning notes to self, LLC’s business technology, business relationships or financial affairs which notes to self, LLC has not released to the general public. By way of illustration, Confidential Information includes, but is not limited to, information or material which has not been made generally available to the public, such as: (i) company information, including plans, strategies, method, policies, resolutions, negotiations or litigation; (ii) marketing information, including strategies methods, customer identities or other information about customers, prospect identities or other information about prospects, or market analyses or projections; (iii) financial information, including cost and performance data (iv) operational and technological information , including plans, specifications, manuals, forms, templates, software, designs, methods, procedures, formulas, discoveries, inventions improvements, concepts and ideas; and (v) personnel information, including personnel lists, reporting or organizational structure, resumes, personnel data. Confidential Information also includes information received in confidence by notes to self, LLC. from its customers or suppliers or other third parties.

    Non-Disclosure and Non-Use Obligations. Ambassador will not, at any time, without notes to self, LLC’s prior written permission, either during or after the term of this Agreement, disclose any Confidential Information to anyone outside of notes to self, LLC, or use or permit to be used any Confidential Information for any purpose other than the performance of the Services for or on behalf of notes to self, LLC. Ambassador will cooperate with notes to self, LLC and use best efforts to prevent the unauthorized disclosure or use of any and all Confidential Information. Ambassador will deliver to notes to self, LLC all copies of Confidential Information in Ambassador's possession or control upon the earlier of a request by notes to self, LLC or termination of this Agreement for any reason.

    Information of Third Parties. Ambassador understands that notes to self, LLC is now and may hereafter be subject to non-disclosure or confidentiality agreements with third persons which require notes to self, LLC to protect or refrain from use of confidential information as defined in those third party agreements. Ambassador agrees to be
    bound by the terms of such agreements in the event Ambassador has access to such confidential information. Confidentiality of this Agreement. Ambassador agrees to keep confidential the existence and the terms of this Agreement. Ambassador will not disclose any information concerning this Agreement to any third party without the prior written consent of notes to self, LLC. The Ambassador will not at any time talk about, write about, or otherwise publicize the terms or existence of this Agreement, or any fact concerning its negotiation, execution, or implementation. Nothing contained herein shall restrict the Ambassador from disclosing the terms of this Agreement to individuals or entities to whom disclosure is required to fulfill the terms of this Agreement, or as otherwise required by law.

    IV. Intellectual Property Rights

    Content License. Ambassador hereby grants to notes to self, LLC and its subsidiaries, affiliates, licensees, agents, representatives, successors and assigns:
    1. Unrestricted, fully-paid, royalty free, exclusive, transferable and irrevocable rights, power and authority to use, reproduce, publish, print, distribute, transmit, copy or otherwise use any of the Content, worldwide and perpetually, in whole or in part, in any medium known now or later discovered, for the purpose of its advertisements, promotions, marketing activities, public relations, educational and other commercial or non-commercial purposes, subject only to the payment made to Ambassador in Section II hereof.
    2. Ambassador shall have the revocable, unlimited, perpetual and worldwide right to use the Content, for Ambassador’s promotional purposes, in any and all media now known or hereafter developed.
    3. With respect to Content which portrays Ambassador’s face, body and voice (the “Restricted Materials”), notes to self, LLC shall have the right to use the Restricted Materials upon prior approval from Ambassador.
    4. Ambassador shall have the revocable right to use the content supplied to them by notes to self, LLC upon acceptance into the notes to self Ambassador Program (including and not limited to; photos, logo, items, and taglines).

    Other Developments. Ambassador hereby grants to notes to self, LLC and its affiliated companies, successors and assigns, the royalty-free, perpetual, unrestricted, transferable, irrevocable sublicensable, non-exclusive, worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any content or other materials, other than the Content, (i)
    submitted to notes to self, LLC in connection with the Program or (ii) otherwise created by Ambassador in connection with the Services, (collectively, the “Other Developments”)

    notes to self, LLC Materials and Trademark.

    Except for Ambassador's limited right to use the notes to self, LLC Materials solely in connection with performing the Services, notes to self, LLC retains all right title and interest in the notes to self, LLC Materials, including all related intellectual property rights. notes to self, LLC hereby grants to Ambassador, a limited, non-exclusive, non-transferable license to use and display notes to self, LLC's name, website address, logos, trade names, and registered and unregistered trademarks (the “Marks”), solely in connection with performing the Services.

    Ambassador agrees that any use of the Marks:
    1. Will comply with notes to self, LLC's quality standards and trademark guidelines, which may be provided by notes to self, LLC to Ambassador from time to time;
    2. Will solely inure to the benefit of notes to self, LLC.

    The Marks are proprietary and nothing in this Agreement constitutes the grant of a general license for their use. Ambassador does not acquire any right, title or interest in the Marks or the goodwill associated therewith. Ambassador agrees not to:
    1. Attack the Marks or assist anyone in attacking the Marks, and
    2. Make any application to register the Marks or use any confusingly similar trademark, service mark, trade name, iconography, or derivation thereof including, but not limited to, the registration of any domain name including any of the Marks, during the term of this Agreement and thereafter.

    V. Federal Trade Commission Requirements

    Ambassador acknowledges and agrees that the provisions of the Federal Trade Commission's Guides Concerning Use of Endorsements and Testimonials in Advertising (the “Guides”) apply to Ambassador's provision of the Services hereunder. Ambassador represents and warrants that he or she has read and understands the Guides and their requirements, and that the Content and Other Developments (including, without limitation, social media communications regarding notes to self, LLC products, the notes to self® brand and the Program) will contain clear and prominent disclosures compliant with the Guides.

    VI. Ambassador Social Channels

    In connection with performing the Services, Ambassador may link certain of his or her Social Channels to the Ambassador Page. If Ambassador so elects, notes to self, LLC may link to, and stream content from such Social Channels on its websites, social media channels and in other notes to self, LLC advertising and promotional materials.

    VII. Representations and Warranties.

    Ambassador represents and warrants that:
    1. He or she is at least 18 year of age and legally allowed to live and work in his/her country of residence;
    2. The Services will be performed in a professional, lawful and workmanlike manner, in accordance with any terms and conditions set forth herein and in the notes to self, LLC Materials;
    3. The Content and Other Developments are Ambassador' s original work;
    4. Use of the Content and Other Developments by notes to self, LLC will not infringe or involve the misappropriation of any third party rights;
    5. All clearances and licenses relating to the use of the Content or Other Developments have been obtained by Ambassador; 6. Except as expressly set forth herein, no fee, compensation or any other payment whatsoever will be payable by notes to self, LLC for any Content or Other Developments or any content or material incorporated therein to any third party;
    7. He or she will comply with all applicable laws, rules and regulations, including the Guides.

    VIII. Indemnification

    Ambassador shall indemnify and hold notes to self, LLC, its affiliates and their respective directors, officers, agents and employees harmless from and against all claims, demands, losses, damages and judgments, including court costs and attorneys' fees, arising out of or based upon the Services and/or Ambassador's performance thereof including, but not limited to, (a) any claim that the Services provided hereunder or, any related intellectual property rights or the exercise of any rights in or to any Content, Other Development, Ambassador IP or related intellectual property rights infringe on, constitute a misappropriation of the subject matter of, or otherwise violate any patent, copyright, trade secret, or trademark of any person or breaches any person's contractual rights; and (b) any breach or alleged breach by Ambassador of any representation, warranty, certification, covenant, obligation or other agreement set forth in this Agreement.

    IX. Term; Termination

    This Agreement will commence on the Effective Date and continue until terminated as set forth herein. Either party may terminate this Agreement for convenience upon at least seven (7) days' prior written notice thereof to the other party. notes to self, LLC may, in addition to any other rights it may have at law or in equity, terminate this Agreement immediately and without prior notice if Ambassador refuses to or is unable to perform the Services or is in breach of any material provision of this Agreement. Upon any termination of this Agreement, all rights and duties of the parties toward each other shall cease, except that the obligations set forth in the following Sections shall survive: I, II (with respect to any Net Revenue accrued during the term of this Agreement but not yet paid), and III through XV (inclusive).

    X. Independent Contractor; No Agency

    Ambassador is not and shall not be deemed an employee, agent, joint venture or partner of notes to self, LLC, and neither party shall have any right or authority to assume or create any obligation on behalf of or bind the other party in any manner whatsoever.

    XI. Limitation of Liability

    IN NO EVENT SHALL NOTES TO SELF, LLC, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (EACH, A “NOTES TO SELF, LLC PARTY”) BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING FROM OR RELATED TO THIS AGREEMENT, THE NOTES TO SELF, LLC PRODUCTS AND/OR THE PROGRAM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH NOTES TO SELF, LLC PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. IN SUCH STATES, THE LIABILITY OF THE NOTES TO SELF, LLC PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

    XII. Governing Law, Jurisdiction and Venue

    The provisions of this Agreement will be construed and enforced in accordance with, and any dispute arising out of or in connection with this Agreement, including any action in tort, will be governed by, the laws of the State of Kansas. Each party hereby irrevocably submits to the exclusive jurisdiction and venue of the courts within Johnson County, Kansas or the Federal District Court for the District of Kansas.

    XIII. Notices

    All notices or other communications, required or permitted to be given hereunder, shall be in writing and shall be delivered electronically, personally or mailed, certified mail, return receipt requested, postage prepaid, to the parties at their addresses as set forth above. Any notice given electronically shall be deemed received on the business day following transmission. Any notice mailed in accordance with the terms hereof shall be deemed received on the third day following the day of mailing. Either party may change the address to which such notices to such party may be given hereunder by serving proper notice of such change of address to the other party.

    XIV. Equitable Relief

    Ambassador and notes to self, LLC agree that it would be impossible or inadequate to measure and calculate notes to self, LLC's damages from any breach by Ambassador of this Agreement. Accordingly, Ambassador and notes to self, LLC agree that if Ambassador breaches this Agreement; notes to self, LLC will have available, in addition to any other right or remedy available and notwithstanding anything to the contrary in Section XII above, the right to obtain from any court of competent jurisdiction an injunction restraining such breach or threatened breach and specific performance of Sections I - XV. Ambassador and notes to self, LLC further agrees that no bond or other security shall be required in obtaining such equitable relief and Ambassador and notes to self, LLC, hereby consent to the issuances of such injunction and to the ordering of such specific performance.

    XV. Miscellaneous

    If any provision of this Agreement is found to be invalid by any court or arbitrator having competent jurisdiction, then the meaning of said provision shall be construed, to the extent feasible, so as to render the provision enforceable, and if no feasible interpretation would save such provision, it shall be severed from the remainder of this
    Agreement which shall remain in full force and effect. Failure of notes to self, LLC to act on or enforce any provision of this Agreement shall not be construed as a waiver of that provision or any other provision of this Agreement. No waiver shall be effective against notes to self, LLC unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by notes to self, LLC and Ambassador, this Agreement constitutes the entire agreement between Ambassador and notes to self, LLC with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. Neither this Agreement nor any right hereunder or interest herein may be assigned or transferred by Ambassador without the express written consent of notes to self, LLC. notes to self, LLC may assign any or all of its rights and obligations under this Agreement without Ambassador's written consent to any affiliate or to another third party affiliate by way of merger, acquisition, consolidation, or sale or transfer of all or substantially all of notes to self, LLC's assets or membership interest. Any attempted assignment, delegation or transfer to a third party in violation hereof shall be null and void. Subject to the foregoing, this Agreement shall be binding on the parties and their successors and assigns.

    This agreement entered on the date Ambassador agrees to its terms, as evidenced by the date that Ambassador agrees to the terms and conditions at the Refersion.com website (the “Effective Date”).

                                                                                       Commission Appendix

    For Qualifying Orders in a calendar month, notes to self, LLC will pay to Ambassador commission payments in accordance with the following table, with the exception that notes to self, LLC could have promotions that could go to higher percentages as incentive, all details of such promotions to be at notes to self, LLC's sole discretion and communicated to Ambassador in due time:

    Commission Percentage
    Ten percent (10%) of Net Revenue For purposes of this Commission Appendix, each Qualifying Order shall count as one Qualifying Order, regardless of the number of notes to self, LLC Products that are purchased pursuant to such Qualifying Order. 

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