EMBODY TANTRA AFFILIATE AGREEMENT
Terms & Conditions
By participating in ANY Embody Tantra and Charu Inc. promotions, you agree to the following Terms and Conditions (the “Agreement”). If you do not agree to or understand any of the language in this Agreement then do not sign-up or participate in any of our promotions. It is your responsibility to understand the terms before signing up.
As an affiliate, we expect you to follow Embody Tantra guidelines, have integrity when dealing with clients, and comply with all laws.
By participating in the marketing launch (the “Promotion”) of any of our products or programs (the “Product”) conducted by Embody Tantra (the “Promoter”) you (the “Affiliate”) agree to the following Terms and Conditions (the “Agreement”).
Affiliate must be 18 years or older to participate in Promotion. Promoter reserves the unconditional right to accept or deny any Affiliate who enters the Promotion or who drives traffic to the Promoter’s marketing websites under the Embody Tantra (www.embodytantra.com) brands and course websites (the “Sites”).
Affiliate must be in good standing with the Federal Trade Commission (the “COMPANY”) and the Promoter, and in compliance with all Embody Tantra guidelines and the terms and conditions of this Agreement.
Affiliate agrees and understands that if its marketing, websites, emails or any other communications associated with or for this Promotion are deemed inappropriate that Affiliate will be deemed, at the sole discretion of the Promoter, ineligible to participate in the Promotions and disqualified from receiving any recognition, commissions, prizes or any other compensation or further communication from the Promoter.
Affiliate will be immediately removed from this Promotion and from Promoter’s Affiliate Program and will be in violation of this Agreement if, at the sole discretion of the Promoter, its marketing for this Promotion or for its own sites:
a) contains, 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 Promoter’s videos, images, banners, likeness, or brand name 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 our banners, images or videos as if they are your own on your own sites or any other sites, as it may cause a customer 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) for any other reason that is deemed by us to be unsuitable by the Promoter
g) offers a cash incentive or discount on product(s) as a means of promotion.
h) runs any paid ad with the terms Embody Tantra, any of the URLs we own, and/or the Awaken To Your Body or Unlock Your Potential For Pleasure Product names.
To summarize, you can only use honest, ethical means for promoting our product(s) and if you have a creative idea about using the names any of our products in a unique way to promote our products or programs, please contact us first at firstname.lastname@example.org.
Embody Tantra reserves the right to revoke your affiliate standing at any time. Promoter reserves the right to disqualify Affiliates from our Affiliate program, cancel pending commissions based on inappropriate behavior or marketing by the Affiliate, and to amend this Promotion or Agreement at any time without notification to Affiliate.
SPAM AND UNSOLICITED EMAIL
Affiliate agrees NOT to send any unsolicited email to any party during the Promotion. Promoter has ZERO tolerance toward any Affiliate who spams any party or individual, period. If Affiliate is caught spamming, they will be removed from the Promoter’s Affiliate Program, and their commissions or pending commissions will be canceled and/or 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. Affiliate agrees to abide by all Federal Trade Commission Guidelines and the U.S. Federal Can-SPAM Act.
We’ve taken every effort to ensure we accurately represent our Promotion and its potential to help you earn commissions, as described below. However, there is no guarantee that you will get any results or earn any money whatsoever during this Promotion, and we do not purport this as a “get rich scheme.” Nothing on our Sites or in this Promotion is a promise or guarantee of earnings. Your level of success in attaining results is dependent upon a number of factors including your skill, knowledge, ability, dedication, business savvy, network, list, and financial situation. Because these factors differ according to individuals, we cannot guarantee your success, income level, or ability to earn revenue. You alone are responsible for your actions and results in life and business. Any forward-looking statements outlined on our sites or in our Promotions are simply our expectations or forecasts for future potential, and thus are not guarantees or promises for actual performance. These statements are simply our opinion. As stipulated by law, we make no guarantees that you will achieve any results from our ideas or Promotion and we offer no professional legal or financial advice.
Affiliate will receive $100.00 U.S. dollars for every sale of the Awaken Weekend that is directly referred by the Affiliate to the Promoter’s Site through the Affiliate’s unique link or cookie.
Commissions are not paid on, and will not include, a single sale to the Affiliate themselves, meaning Affiliate cannot purchase the Product for their own use through their link and receive a commission on that sale. Affiliate 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 by the Promoter via check beginning 60 days after the program has started.
Because multiple monthly payments are allowed by customers who purchase the Product, Affiliate should expect to receive approximately 50% of each collected monthly payment every 30-45 days after the initial payment until the customer has paid the Promoter in full for the Product. If a sale is canceled or refunded for any reason, any paid commission will be deducted from the amount owed to the Affiliate and any subsequent payment. Affiliates will not be paid a commission on sales or orders that are in delinquent status. If payments for delinquent customers are received within 90 days of the start date of the program, the Affiliate will be paid their commission. However if delinquent payments are not received within 90 days after the start of the Program, then Affiliate will not be paid a commission on that sale. Affiliate 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.
Affiliates must provide their mailing address and complete the W-9 and any tax information sent by the Promoter before receiving any commission payments. Promoter is NOT responsible for Affiliate using or maintaining their affiliate links and only sales tracked through the Promoter’s system will count towards the Affiliates commissions. All sales and commission numbers are tallied by the Promoter and credit due to the Affiliate and all the final sales and commission numbers are at the sole discretion of the Promoter.
Promoter makes every reasonable effort to accurately track and pay commissions for all sales that come from Affiliates, but it not responsible nor under any circumstances will be held liable for any technical difficulties, outside events, actions by other affiliates, or other uncontrollable events that may disrupt or interfere with Promoter’s ability to do track sales or pay commissions. Under no circumstances will Promoter be held liable for any indirect, incidental, special or consequential damages or any loss of revenue or profits that result from Affiliate’s participation in this Promotion.
Affiliate 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.
Promoter will provide Affiliate with Links to this Promotion as well as any related banners, graphics, or text ads necessary to promote and offer the Product to the Affiliate’s customers via the Affiliate’s Sites or emails. Affiliate may ONLY utilize their unique link provided by the Promoter on the Affiliate’s own websites or emails. Affiliate may NOT post their link on other websites that are not owned or maintained by the Affiliate or the Affiliate’s brand, with the exception of ads or social media placements. Spamming the internet with links outside of Affiliate’s direct email list, websites or social media pages will be considered a violation of this Agreement and result in a denial of all Affiliate benefits, prizes and commissions.
Affiliate may not use unsolicited commercial email, spam, search engine spam, or other illegal or unethical means by which to generate referral commissions. Affiliate may also not purchase the Product through their link for personal use and receive a commission on that sale. Links are intended to drive new customers to the Promotion.
All customer information collected during the Promotion shall be owned by the Promoter and it is at the sole discretion of the Promoter whether or not the customer information will be shared with the Affiliate. All information collected before, during and after the Promotion will be used only by Embody Tantra and will never be sold or given to any 3rd party.
Affiliate may not use ANY copyright, trademark, service mark, or general branding of the Promoter without full disclosure and permission of the Promoter.
Affiliate 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’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’s website to look like the Promoter’s website or to utilize the Promoter’s branding in any way that would confuse customers or the general public as to who is hosting or promoting such a website; or d) seek to purchase or register any keywords, search terms or other identifiers related to the trademarks of the 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 the 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 the Promoter. Promoter may cancel the Affiliate’s participation in this Promotion, withhold or cancel commissions, or take any other action at its sole discretion should Affiliate conduct any of the behavior above or fail to operate with integrity or within the guidelines of the COMPANY.
RELATIONSHIP OF PARTIES
Nothing in this Agreement shall be deemed to create a partnership, joint venture, agency relationship, or employment relationship between the Parties. Affiliate is participating in the Promotion as a fully independent entity and is responsible for any and all federal, state, local, and/or foreign income taxes and self-employment taxes, and any and all other federal, state, and local licensees, fees or taxes, or sales tax, including withholding taxes, social security taxes, and public liability and workman’s compensation insurance. Under no circumstances will Promoter be held liable for any actions or results of the Affiliate.
Affiliate hereby agrees not to share, use, copy, adapt, alter, distribute, duplicate, or part with possession of any of the Promoter’s confidential information which is not directly provided or approved by the Promoter, or any confidential information that is disclosed or otherwise comes into its possession under or in relation to this Agreement. Confidential information includes, but is not limited to, the following types of private information and other proprietary information of a similar nature regarding the Promoter’s business: 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, flow charts, and other similar information that is proprietary to and confidential information of the Promoter.
Affiliate shall not disclose his/her terms of this Agreement to any third party other than to the Affiliate’s employees and agents who (a) have a need to have access to such information (b) agree in writing to comply with the confidentiality provisions of this Agreement.
This Agreement imposes no obligation of confidentiality on Affiliate with regard to any portion of Promoter’s confidential information (a) that is part of the public domain at the time of disclosure; or (b) that becomes part of the public domain after the Promotion without any unauthorized act by or omission of Affiliate; or (c) if Affiliate can demonstrate by written records that he/she had independently developed knowledge of such confidential information prior to the date of disclosure; or (d) if permission to use or disclose said confidential information is first obtained by Affiliate in writing from Promoter; or (e) if Affiliate is required by law, regulation, rule, act, or order of any court or other government authority or agency to disclose such confidential information. In general, Affiliate may not disclose any financial, personal, or business information about the Promoter or its executives (including Founder Charu (Krista) Morgan) without permission from the Promoter. Such disclosure is grounds for legal action, equitable relief, and termination of this Agreement.
INDEMNIFICATION AND LIABILITY
Affiliate agrees to indemnify and hold harmless the Promoter and the Promoter’s Founder, Charu (Krista) Morgan, an individual, from and against any and all losses, claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorney fees) which Affiliate may be subject to or incur in connection with the Promotion to be rendered, except those claims that are judicially determined to have resulted from Promoter’s gross negligence or willful misconduct.
The relationship between the Parties may be terminated by either party immediately upon written notice. Upon termination, it is understood that the Confidentiality and Indemnification clauses above will remain in effect for perpetuity.
ENTIRE UNDERSTANDING AND DISPUTE
This Agreement constitutes the entire understanding of the Parties and may be modified only by the Promoter. This Agreement shall be construed and interpreted according to the laws of the State of California in the United States of America and shall be binding upon the parties hereto, their heirs, successors, assigns, and personal representatives; and references to the Promoter and to the Affiliate shall include their heirs, successors, assignees, and personal representatives.
In the event of a dispute between the Parties regarding this Agreement, any such disputes, controversies and claims arising out of or relating to this Agreement, it shall be settled and determined by arbitration. The rules governing this arbitration shall be according to the American Arbitration Association (AAA) and any arbitration needed will be conducted in Culver City, CA.
The parties further agree that the arbitration shall be conducted before a three panel arbitration board wherein each party to this agreement selects one arbitrator and those selected arbitrators select a third arbitrator. The decision of the arbitration shall be final and each party agrees to be bound by the arbitration board.
If any provision or covenant, or part thereof, of this Agreement should be held by any court or other legitimate tribunal with appropriate jurisdiction to be invalid, illegal or unenforceable, either in whole or in part, such invalidity, illegality or un enforceability shall not affect the validity, legality or enforceability of the remaining provisions or covenants, or any part thereof, of this Agreement, all of which shall remain in full force and effect.
Reach out to us at email@example.com if you have any questions or need any support. We are happy to help!
HOW DOES YOUR AFFILIATE SYSTEM WORK?
Our system works on a “last click” basis. This means that the affiliate link that a customer clicked on LAST, that drove them to purchase Awaken To Your Body, will get credit for the sale.
Here’s an example of this in action….
A promotes the Awaken To Your Body launch videos to her Twitter list on Monday. People click through and sign up to hear more from us.
Some people that clicked through on A’s Twitter promotion are also on another internet maven’s list, B.
On Monday, B also sends out an email to her list and they click through and they purchase. They first landed on our site via A, but they bought via B’s well-crafted, influencing email.
B will get credit for the sale because her link was the last once clicked when the person purchased.
This is the standard method for affiliate promotions in our industry.
OUR POLICY ON AFFILIATE SALES
Our affiliate program runs on InfusionSoft, a sophisticated and smart system that is set up on a “last clicked” basis (see above) and knows when people purchase using an affiliate link or not.
We and the technical staff at InfusionSoft monitor our sales and the system very closely to ensure everything is working properly.
Therefore all reports in InfusionSoft that state who brought in each sale, are final.
We will not be changing credit or moving things around once a sale has been made so.
It’s super important that you are clear when promoting to friends and your list that everyone uses your special link to purchase.
If they do not show up in our system as your sale, you will not get credit for the sale.
© 2015 Charu Inc.