As an Affiliate Partner, we expect you to comply with all applicable rules, regulation laws, statutes, ordinances, codes, and guidelines, including those of the Federal Trade Commission (“FTC”) (collectively, “Applicable Laws”) and exhibit honesty and integrity when dealing with clients and prospective clients.
By participating in promoting (the “Promotion”) any of our products or programs (the “Products”) conducted by the Face Yoga Method (the “Promoter”), you (the “Affiliate Partner”) agree to abide by the terms and conditions of this Agreement.
Affiliate Partner must be 18 years or older to participate in Promotion. Promoter reserves the unconditional and irrevocable right to accept or deny any Affiliate Partner in its sole discretion or terminate anyone’s participation that enters the Promotion on the Promoter’s website at https://www.faceyogamethod.com/partner/ (the “Enrollment Site”) or who drives traffic to the Promoter’s marketing websites under the Face Yoga Method or enters the Promotion elsewhere. Promoter may terminate participation of any Affiliate Partner with or without cause.
Affiliate Partner agrees and understands that if its marketing, websites, emails, or any other communications associated with or for this Promotion are deemed inappropriate by Promoter for any reason, that Affiliate Partner will be deemed, at the sole discretion of Promoter, ineligible to participate in the Promotions and disqualified from receiving any recognition, commissions, prizes, or any other compensation or further communication from Promoter.
At the sole discretion of Promoter, Affiliate Partner will be immediately removed from this Promotion and from Promoter’s Affiliate Partner Program and will be in violation of this Agreement if its marketing for this Promotion or for its own sites:
a) promotes or links to sexually explicit or violent material;
b) promotes, depicts, or links to material that promotes or depicts discrimination based on race, gender, religion, national origin, physical or mental disability, sexual orientation, or age;
c) contains unlawful material, including, but not limited to, materials that may violate another’s intellectual property rights or links to a site that contains such material;
d) contains information regarding, promotes, or links to a site that provides information or promotes illegal activity;
e) uses, without Promoter’s prior permission, Promoter’s intellectual property, including without limitation, videos, brochures, images, banners, likenesses, content, or brand name (collectively, “Promoter Property”) in or on their websites, thus creating market and consumer confusion (which is illegal and generally referred to as copyright or trademark infringement). To be clear, you may not use the Promoter Property as if it is your own on your own sites or any other sites, as it may cause customers to opt-in thinking they are opting in to our communications rather than yours. Clearly, the best practice to generate sales is to establish your own brand, identity, and sites, then to authentically recommend our program, not pretend to be us;
f) is otherwise deemed to be unsuitable by Promoter. Promoter reserves the right to disqualify Affiliate Partners from our Affiliate Partner program, cancel pending commissions based on inappropriate behavior or marketing by the Affiliate Partner, and amend this Promotion or Agreement at any time without notification to Affiliate Partner;
g) offers a cash incentive or discount on Products as a means of promotion;
h) falsifies themself as a Face Yoga Method Teacher/Coach etc. or in any way teaches the Face Yoga Method, and has not passed our Teacher Certification Course.
To summarize, you can only use honest, ethical means for promoting our Products and if you have a creative idea about using the Face Yoga Method name or any of our Promoter Property in a unique way to promote our Products, please contact us first at firstname.lastname@example.org
Promoter reserves the right to revoke Affiliate Partner standing at any time. If Promoter terminates Affiliate Partner from the Promotion for violation of this Agreement, Affiliate Partner will not receive any pending commission and will be disqualified from receiving any recognition, commissions, prizes or any other compensation from Promoter.
Spam and Unsolicited Email
Affiliate Partner agrees NOT to send any unsolicited email to any party during the Promotion. Promoter has ZERO tolerance toward any Affiliate Partner who spams any party or individual, period. If Affiliate Partner is caught spamming, they will be removed from the Promoter’s Affiliate Partner Program, and the Affiliate Partner’s commissions or pending commissions will be forfeited. Spam is defined as emailing or posting to anyone who has not requested information via email or any website, and also includes “spamming search engines” with links. As noted above, Affiliate Partner agrees to abide by all Applicable Laws, including without limitation, the CAN-SPAM Act.
Our role is to support and assist you in reaching your own aesthetic and lifestyle goals, but your success depends primarily on your own effort, motivation, commitment and follow-through. We cannot and do not guarantee that you will attain a particular result, and you accept and understand that results differ for each individual. Each individual’s success depends on his or her unique background, dedication, desire, motivation and actions. Any forward-looking statements outlined on our Sites or in our Products or Promotions are not guarantees or promises of actual performance. By using this Site and becoming our Affiliate Partner, you hereby irrevocably release us from any and all liability, including direct, consequential or indirect damages or claims, and take full responsibility for your own results. No guarantees are made that you will achieve any results from our ideas or models presented on any of our Sites or in our Products or Promotions. The information provided in or through our Website, Programs, Products and Services is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your own Medical Provider (including doctor/physician, nurse, physician’s assistant, or allied health professional), Mental Health Provider (including psychiatrist, psychologist, therapist, counselor, or social worker), registered dietitian or licensed nutritionist, or member of the clergy. We do not providing health care, medical or nutritional therapy services or attempting to diagnose, treat, prevent or cure in any manner whatsoever any physical ailment, or any mental or emotional issue, disease or condition. You agree and acknowledge that we are not providing medical advice, mental health advice, or religious advice in any way.
Affiliate Partner will receive 30% for every sale of the Product that is directly referred by Affiliate Partner to the Promoter’s Site through the Affiliate Partner’s unique link or cookie.
Commissions are not paid on, and will not include, a sale to Affiliate Partner himself or herself; meaning Affiliate Partner cannot purchase the Product for his or her own use or others through his or her link and receive a commission on that sale. Affiliate Partner commissions are counted and final numbers are deemed final at the sole discretion and decision of the Promoter.
Commission payments will be sent to Affiliate Partner by Promoter via Paypal 30 days after the program is purchased and the refund window has closed. Commissions will be paid once there is a balance of $100 or more. Smaller commissions will accumulate until the amount reaches the payout minimum ($100). Affiliate Partner commissions will not be paid based on any sales or amounts that are attributed to spam, credit card fraud, or returned Product. Promoter reserves the right to change the dates of the commission payout at any time.
Affiliate Partners must provide his or her Paypal address and complete the W-9 and any tax information sent by Promoter before receiving any commission payments. Promoter is NOT responsible for Affiliate Partner using or maintaining his or her Affiliate Partner links, and only sales tracked through Promoter’s system will count towards Affiliate Partner’s commissions. All sales and commission numbers are tallied by Promoter, and credit due to Affiliate Partner and all the final sales and commission numbers are at the sole discretion of Promoter. Promoter makes every reasonable effort to accurately track and pay commissions for all sales that come from Affiliate Partners, but is not responsible, nor under any circumstances will be held liable for, any technical difficulties, outside events, actions by other affiliate partners, or other uncontrollable events that may disrupt or interfere with Promoter’s ability to track sales or pay commissions.
Affiliate Partner will not receive any commission or revenue on clients driven to the Promotion or Promoter following the Promotion Period. Commissions are solely available for this Promotion under this Agreement.
In addition to the restrictions set forth above, Affiliate Partner may not: (a) read, intercept, record, redirect, interpret, or fill in the contents of any electronic form or other materials submitted to Promoter by any person or entity; (b) take any action that could reasonably cause any customer confusion as to Affiliate Partner’s relationship with Promoter or as to the site on which any functions or transactions (e.g., search, order, browse, and so on) are occurring; (c) frame the Affiliate Partner’s website to look like Promoter’s Site or utilize Promoter’s branding in any way that would cause a likelihood of confusion by customers or the general public as to who is hosting or promoting such a website; (d) seek to purchase or register any keywords, search terms or other identifiers related to the trademarks of Promoter or the trade or service marks or names of Promoter’s primary competitors, including misspellings or variations thereof for use in any search engine, portal, sponsored advertising service or other search or referral service unless otherwise agreed to by the Promoter; (e) seek to purchase or register any domains or other identifiers that include variations on the trade or service marks or names of Promoter intended to approximate misspellings or typographical mistakes of same or which otherwise would constitute typo or domain squatting, including variations thereof for use in any search engine, portal, sponsored advertising service, or other search or referral service unless otherwise agreed to by Promoter. Promoter may cancel Affiliate Partner’s participation in this Promotion, withhold or cancel commissions, or take any other action at its sole discretion should Affiliate Partner conduct any of the behavior above or fail to operate with integrity or within the guidelines of Applicable Laws.
Relationship of the Parties
Nothing in this Agreement shall be deemed to create a partnership, joint venture, agency relationship, or employment relationship between the Parties. Affiliate Partner is participating in the Promotion as an independent contractor and is responsible for any and all federal, state, local, and/or foreign taxes, including, without limitation, withholding, sales, income, and social security taxes. Under no circumstances will Promoter be held liable for any actions, omissions, or results of Affiliate Partner.
Affiliate Partner shall not, directly or indirectly, use for his or her own benefit (other than to fulfill his or her obligations hereunder) or disclose to any third party any Confidential Information (as defined below) of Promoter without prior, written permission of Promoter in each instance. Confidential Information means all non-public information of Promoter, including, without limitation, these Terms and Conditions, sales figures, software passwords, Promoter list size, list contents, ideas, stories, activities, curriculum, event format, presentation materials, presentation content, inventions, financial information, business plans, business processes, marketing plans, marketing strategies, marketing copy, financial projections, customer lists, customer financial information, personal information of executives, sponsorship strategies, relationships with other vendors, media delivery concepts and systems, including, but not limited to, web-based delivery systems, technical data, software designs, drawings, specifications, models, source code, object code, documentation, diagrams, flowcharts, and other similar information that is proprietary to and confidential information of Promoter.
This Agreement imposes no obligation of confidentiality on Affiliate Partner with regard to any portion of Promoter’s Confidential Information (a) that is generally available to the public at the time of disclosure; (b) that becomes generally available to the public after the Promotion without any breach of this Agreement by Affiliate Partner; or (c) that Affiliate Partner can demonstrate by written records he or she had independently developed without any access to or usage of the Confidential Information.
In the event Affiliate Partner becomes or may become legally compelled to disclose any Confidential Information (whether by deposition, interrogatory, request for documents, subpoena, civil investigative demand or other process or otherwise), Affiliate Partner shall provide to Promoter prompt prior written notice of such requirement so that Promoter may seek a protective order or other appropriate remedy and/or waive compliance with the terms of this Section. In the event that such protective order or other remedy is not obtained, or that Promoter waives compliance with the provisions hereof, Affiliate Partner shall furnish only that portion of the Confidential Information which he or she is advised by counsel is legally required to be disclosed, and shall use his or her best efforts to insure that confidential treatment shall be afforded such disclosed portion of the Confidential Information.
In general, Affiliate Partner may not disclose any financial, personal, or business information about Promoter or its executives without permission from Promoter. Such disclosure is grounds for legal action, equitable relief, and termination of this Agreement.
Indemnification and Liability
Affiliate Partner agrees to indemnify, defend, and hold harmless Face Yoga Method, LLC, Promoter, its officers, employers, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against any and all claims, actions, proceedings, liabilities, losses, damages, costs, claims and expense whatsoever – including, without limitation, attorneys’ fees and disbursements, which such parties may be subject to or incur in connection with Affiliate Partner’s participation in the Promotion, except those claims that are judicially determined to have resulted from Promoter’s gross negligence or willful misconduct.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, PROMOTER SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INCIDENTAL, AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE PROMOTION, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN PROMOTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The relationship between the parties may be terminated by Promoter immediately with or without cause and by Affiliate Partner upon 30 days written notice prior to termination.