Last Updated: April 14, 2026
PLEASE READ THESE TERMS OF SERVICE AND PARTICIPANT AGREEMENT ("AGREEMENT") CAREFULLY BEFORE USING THE TRUE COLORS AFFILIATE PROGRAM ("PROGRAM") OPERATED BY BAY AREA CBT CENTER ("COMPANY," "WE," "US," OR "OUR"). BY CREATING AN ACCOUNT, ACCESSING, OR PARTICIPATING IN THE PROGRAM, YOU ("PARTICIPANT," "AFFILIATE," "YOU," OR "YOUR") AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT CREATE AN ACCOUNT OR PARTICIPATE IN THE PROGRAM.
1.1 Independent Contractor Status. You are an independent contractor and NOT an employee, partner, joint venturer, agent, or franchisee of Bay Area CBT Center. Nothing in this Agreement creates an employer-employee relationship, partnership, or agency relationship between you and the Company. You are solely responsible for your own taxes, insurance, and compliance with all applicable laws.
1.2 No Employment Benefits. As an independent contractor, you are not entitled to any employee benefits, including but not limited to health insurance, retirement benefits, paid time off, workers' compensation, unemployment insurance, or any other benefits typically provided to employees.
1.3 No Exclusivity. This Agreement does not grant you any exclusive rights. The Company may engage other affiliates, contractors, or partners at its sole discretion.
2.1 At-Will Participation. Your participation in the Program is entirely at-will. This means that either you or the Company may terminate your participation at any time, for any reason or no reason, with or without cause, and with or without notice.
2.2 Company's Right to Terminate. The Company reserves the absolute and unconditional right to remove, suspend, or terminate any Participant from the Program at any time, for any reason, including but not limited to: failure to meet performance requirements, violation of these Terms, conduct detrimental to the Program, or at the Company's sole discretion for any other reason.
2.3 No Obligation Upon Termination. Upon termination, the Company owes you nothing beyond any earned and approved commissions that have been verified and confirmed in writing prior to the date of termination. The Company shall have no further obligation, liability, or responsibility to you of any kind.
2.4 Effect of Termination. Upon termination: (a) your access to the Program portal will be revoked; (b) all licenses granted to you under this Agreement will immediately terminate; (c) you must cease using all Company trademarks, branding, and materials; (d) all provisions of this Agreement that by their nature should survive termination shall survive, including but not limited to intellectual property provisions, limitation of liability, and indemnification.
3.1 Company-Owned Content. All content, materials, training videos, guides, templates, branding assets, logos, designs, and any other materials provided through the Program ("Program Materials") are and shall remain the exclusive property of Bay Area CBT Center. You are granted a limited, non-exclusive, non-transferable, revocable license to use Program Materials solely for the purpose of participating in the Program, subject to these Terms.
3.2 Content Created Within the Program. Any and all content that you create, produce, submit, upload, or contribute within or in connection with the Program — including but not limited to videos, images, social media posts created for Program accounts, text, graphics, coloring demonstrations, reviews, testimonials, and any other creative works ("Program Content") — shall be the sole and exclusive property of Bay Area CBT Center. You hereby irrevocably assign, transfer, and convey to Bay Area CBT Center all right, title, and interest in and to all Program Content, including all copyrights, trademarks, and other intellectual property rights therein, in perpetuity, worldwide.
3.3 Work Made for Hire. To the extent permitted by applicable law, all Program Content shall be considered "work made for hire" as defined under the United States Copyright Act (17 U.S.C. § 101). To the extent any Program Content does not qualify as work made for hire, you hereby assign all rights in such content to Bay Area CBT Center.
3.4 Waiver of Moral Rights. To the fullest extent permitted by law, you irrevocably waive any and all "moral rights" or equivalent rights (including rights of attribution and integrity) that you may have in any Program Content.
3.5 Company's Rights to Use Content. Bay Area CBT Center may use, reproduce, modify, adapt, publish, distribute, display, perform, sublicense, create derivative works from, and otherwise exploit any and all Program Content in any manner, in any media, and for any purpose, without restriction, without further notice, attribution, or compensation to you.
3.6 Personal Social Media Content. Content that you independently create and post on your personal social media accounts that is not created for or in connection with the Program shall remain your property. However, any content that uses Program Materials, Company branding, or is created as part of your Program obligations is Program Content and is subject to Section 3.2.
3.7 No License to Company IP. Except as expressly provided herein, nothing in this Agreement grants you any right, title, or interest in any Company intellectual property, including the "True Colors" name, logo, book designs, or any other trademarks or copyrighted materials.
4.1 Not a Healthcare Provider. Bay Area CBT Center's True Colors Affiliate Program and the website team.truecoloringbooks.com are NOT healthcare, therapy, or medical services websites. Nothing on this website constitutes medical advice, psychological treatment, therapy, counseling, or any form of professional healthcare service.
4.2 No HIPAA Compliance. THIS WEBSITE IS NOT HIPAA COMPLIANT. We do not collect, store, or process Protected Health Information (PHI) as defined under the Health Insurance Portability and Accountability Act (HIPAA). Any quizzes, questionnaires, surveys, or assessments available on this website are for educational, entertainment, and self-reflection purposes only. They are NOT clinical assessments, diagnostic tools, or medical instruments, and should not be treated as such.
4.3 No Professional Relationship. Your participation in the Program does not create a therapist-client, doctor-patient, or any other professional healthcare relationship between you and Bay Area CBT Center or any of its staff, owners, or affiliates.
4.4 Seek Professional Help. If you are experiencing a mental health crisis or need professional support, please contact a licensed healthcare provider, call 988 (Suicide & Crisis Lifeline), or go to your nearest emergency room.
5.1 Commission Tiers. The Program offers commission tiers based on follower count and performance. Commission tiers are guidelines provided for informational purposes and do not constitute a guarantee, promise, or contract of any specific earnings or compensation.
5.2 No Guaranteed Earnings. THE COMPANY MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE AMOUNT OF INCOME OR EARNINGS YOU MAY RECEIVE THROUGH THE PROGRAM. YOUR EARNINGS, IF ANY, WILL DEPEND ON NUMEROUS FACTORS INCLUDING BUT NOT LIMITED TO YOUR EFFORT, SKILL, MARKET CONDITIONS, AND OTHER FACTORS BEYOND THE COMPANY'S CONTROL.
5.3 Commission Approval. All commissions are subject to verification and approval by the Company. The Company reserves the right to withhold, adjust, or deny commissions in cases of suspected fraud, policy violations, or at its reasonable discretion.
5.4 Modification of Commission Structure. The Company reserves the right to modify, adjust, or discontinue the commission structure at any time, with or without notice. Continued participation in the Program after any such modification constitutes your acceptance of the modified terms.
5.5 Tax Responsibility. You are solely responsible for reporting and paying all applicable federal, state, and local taxes on any earnings received through the Program. The Company may issue tax forms (such as IRS Form 1099-NEC) as required by law for any Participant earning $600 or more in a calendar year. You agree to provide the Company with accurate tax information (including a completed W-9 form) upon request. Failure to provide accurate tax information may result in withholding of commissions.
5.6 Commission Duration on Co-Created Books. If you participate in the creation of a coloring book or other product as part of the Program ("Co-Created Product"), you shall be entitled to earn commissions on sales of that Co-Created Product for a period of three (3) years from the date of first publication ("Royalty Period"). After the Royalty Period expires, all commission rights to the Co-Created Product shall automatically and irrevocably revert to Bay Area CBT Center, and you shall have no further entitlement to commissions on sales of that product. The Company may, at its sole discretion, offer to extend the Royalty Period or negotiate a one-time buyout payment in lieu of ongoing commissions.
6.1 Zero Refund Policy. ALL PRODUCTS PURCHASED THROUGH THE PROGRAM OR TRUECOLORINGBOOKS.COM, INCLUDING BUT NOT LIMITED TO DIGITAL DOWNLOADS, PDF FILES, PHYSICAL COLORING BOOKS, AND ANY OTHER MERCHANDISE, ARE SOLD "AS IS" WITH ABSOLUTELY NO REFUNDS. ALL SALES ARE FINAL. YOU PURCHASE AT YOUR OWN RISK. BY COMPLETING A PURCHASE, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE NOT ENTITLED TO ANY REFUND, EXCHANGE, OR CREDIT UNDER ANY CIRCUMSTANCES.
6.2 No Resale of Digital Products. You may NOT resell, redistribute, share, upload, reproduce, duplicate, or otherwise make available any digital products, including but not limited to PDF files, digital downloads, printable files, or any other digital content obtained through the Program or truecoloringbooks.com. Violation of this provision constitutes copyright infringement and may result in immediate termination from the Program and legal action.
6.3 Physical Book Resale. If Bay Area CBT Center produces physical coloring books for you as part of the Program, you may resell those specific physical copies. However, you may NOT reproduce, photocopy, scan, or create copies of any physical books. The resale right applies only to the original physical copies provided to you.
7.1 Compliance. You agree to comply with all applicable federal, state, and local laws, regulations, and ordinances, including but not limited to FTC guidelines regarding endorsements and testimonials, advertising laws, and social media platform terms of service.
7.2 Accurate Representations. You shall not make any false, misleading, or deceptive claims about the Program, the Company, its products, or potential earnings. All testimonials and endorsements must be truthful and based on your actual experience.
7.3 Program Requirements. You agree to adhere to the content creation, posting, and engagement requirements as outlined in the Program commitment agreement and as may be updated from time to time by the Company.
7.4 Prohibited Conduct. You shall not: (a) engage in any activity that is illegal, fraudulent, or harmful; (b) harass, defame, or disparage the Company, its products, or other Participants; (c) use spam, bots, or automated systems to artificially inflate metrics; (d) misrepresent your relationship with the Company; (e) share confidential Program information with non-Participants; (f) engage in any conduct that brings the Company or Program into disrepute.
8.1 Confidential Information. You acknowledge that during your participation in the Program, you may have access to confidential and proprietary information of the Company, including but not limited to business strategies, marketing plans, financial information, customer data, earnings data of other participants, internal discussions, training materials, and trade secrets ("Confidential Information"). You agree to keep all Confidential Information strictly confidential and not to disclose, publish, or otherwise reveal any Confidential Information to any third party during or after your participation in the Program.
8.2 Program Internals. You shall not publicly share, post, screenshot, or otherwise disclose: (a) internal Program strategies or discussions; (b) other Participants' earnings, performance data, or personal information; (c) proprietary training content or methodologies; (d) any information from the Program portal that is not explicitly designated as public. Violation of this confidentiality provision may result in immediate termination and legal action.
8.3 Survival. Your confidentiality obligations under this Section shall survive the termination of your participation in the Program indefinitely.
9.1 You agree to indemnify, defend, and hold harmless Bay Area CBT Center, its owners (including Abby Lev), directors, officers, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your participation in the Program; (b) your breach of this Agreement; (c) your violation of any law or regulation; (d) any content you create or distribute; (e) any claim by a third party related to your activities as a Participant.
10.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BAY AREA CBT CENTER, ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR PARTICIPATION IN THE PROGRAM, REGARDLESS OF THE THEORY OF LIABILITY.
10.2 THE COMPANY'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT OF COMMISSIONS ACTUALLY PAID TO YOU IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
11.1 THE PROGRAM, PORTAL, AND ALL PROGRAM MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE PROGRAM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
12.1 Minimum Age. You must be at least eighteen (18) years of age to participate in the True Colors Affiliate Program. By creating an account, you represent and warrant that you are at least 18 years old. This age requirement applies to participation in the affiliate program only and does not restrict the purchase of coloring books or other products, which may be purchased by individuals of any age (or by parents/guardians on behalf of minors).
12.2 Legal Capacity. By participating in the Program, you represent and warrant that you have the legal capacity to enter into this binding Agreement.
13.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, United States of America, without regard to its conflict of laws principles. You consent to the exclusive jurisdiction of the state and federal courts located in San Francisco County, California.
13.2 Binding Arbitration. Any dispute, claim, or controversy arising out of or relating to this Agreement, or the breach, termination, enforcement, interpretation, or validity thereof, shall be resolved by final and binding arbitration administered in San Francisco, California, in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
13.3 Waiver of Class Action. YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST BAY AREA CBT CENTER.
13.4 International Participants. If you are participating from outside the United States, you agree that this Agreement is governed by California law and that any disputes shall be resolved in San Francisco, California. You are solely responsible for compliance with all local laws in your jurisdiction.
14.1 Entire Agreement. This Agreement, together with the Privacy Policy, Copyright Policy, Income Disclaimer, and any other documents incorporated by reference, constitutes the entire agreement between you and the Company regarding the Program and supersedes all prior agreements and understandings.
14.2 Severability. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
14.3 Waiver. The failure of the Company to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
14.4 Assignment. You may not assign or transfer this Agreement or any rights hereunder without the prior written consent of the Company. The Company may assign this Agreement without restriction.
14.5 Modification. The Company reserves the right to modify these Terms at any time. Continued participation in the Program after any modification constitutes acceptance of the modified Terms.
14.6 Notices. All notices under this Agreement shall be sent to [email protected] or to the email address associated with your account.
BY CREATING AN ACCOUNT AND PARTICIPATING IN THE TRUE COLORS AFFILIATE PROGRAM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND PARTICIPANT AGREEMENT. YOU FURTHER ACKNOWLEDGE THAT THIS AGREEMENT CONSTITUTES A LEGALLY BINDING CONTRACT BETWEEN YOU AND BAY AREA CBT CENTER.
Bay Area CBT Center
Contact: [email protected]
Website: truecoloringbooks.com