AFFILIATE PARTNER AGREEMENT: Our Terms & Conditions
By participating in the Body Positive Yoga Affiliate Partner program, you are agreeing to all of the following Terms and Conditions (the “Agreement”). If you do not agree to or understand any of the language in this Agreement, then we ask that you please refrain from signing up, or participating in any of our promotions. That said, the responsibility rests on you to completely understand any & all terms before becoming an affiliate partner for any of our products.
As an affiliate partner, you are expected to act with honesty, comply completely with FTC guidelines and adhere to all laws. By participating in the affiliate partner program (the “Program”) conducted by Body Positive Yoga (the “Promoter”) for any of our products or programs listed below (the “Product”), you (the “Affiliate Partner”) agree to the following Terms and Conditions:
WHAT PRODUCTS ARE INCLUDED?
- Body Positive Yoga Monthly Membership Site
HOW DOES THE AFFILIATE PARTNER PROGRAM ACTUALLY WORK?
Our affiliate partner program runs through Affiliate Royale, a WordPress plugin. The system is set up on a “last clicked” basis. This means that the affiliate partner link a customer clicked on LAST (the one that drove the buyer to purchase) will get credit for the sale. Our Affiliate Program can recognize when people purchase using an affiliate partner link or not.
Here’s an example of this in action…. Sue shares a link to the membership site (using her affiliate partner link) on her Facebook page on Monday. People click through, arrive at the membership sales page, but don’t make a purchase.
Now, let’s say some of the people that checked out Sue’s Facebook promotion are also on another online influencer’s mailing list: Molly.
On Tuesday, Molly writes a persuasive blog post that she mails out to her list. The readers who had seen Sue’s earlier Facebook post click through and some of them make a purchase. Molly will get credit for the sale, because her affiliate partner link was the last one clicked before the purchase was made.
While the buyers may have first landed on the sales page via Sue, Sue will not receive the affiliate partner payout for this sale because the last affiliate partner they clicked was Molly’s.
HOW DO I KNOW IF I’M ELIGIBLE?
There are 4 basic requirements for participating in a Body Positive Yoga Affiliate Partner program:
Affiliate Partners must be 18 years or older to participate. Affiliate Partners must be in good standing with the Federal Trade Commission (the “FTC”) and Body Positive Yoga Affiliate Partners must be in compliance with all FTC guidelines, and the terms and conditions of this Agreement.
Body Positive Yoga reserves the unconditional right to accept or deny any Affiliate Partner who enters the Promotion via the signup form on our website, or who drives traffic to Body Positive Yoga ’s brands and websites via products offering Affiliate Partner payout (the “Sites”).
The Affiliate Partner agrees and understands that if any of their communications associated with or for this promotion (marketing, websites, blog posts, videos, audios, emails, Tweets, Facebook posts, etc.) are deemed offensive or inappropriate, that Affiliate Partner will be deemed, at the sole discretion of the Promoter, ineligible to participate in any and all Affiliate Partner promotions. The Affiliate Partner in question will then be disqualified from receiving any further commission, recognition, communication or compensation from Body Positive Yoga
The Affiliate Partner may also be immediately removed from any & all promotions and Affiliate Partner programs (and will be in violation of this Agreement) if, at the sole discretion of the Promoter, the Affiliate Partner’s marketing:
a) 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;
b) contains information regarding, promotes or links to a site that provides information about or promotes illegal activity;
c) 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;
d) contains, promotes or links to sexually explicit or violent material;
e) uses the Promoter’s banners, brand name, likeness, images, and videos, on their own websites, thus creating market and consumer confusion (which is usually referred to as copyright or trademark infringement, and is illegal). In short: you may not present our banners, images or videos as if they are your own on your own site’s or any other site’s, as it may cause a customer to opt-in thinking they are signing up to receive our communications rather than yours. We firmly believe that if you wish to generate sales, it is in your best interest to establish your own identity, voice, brand and sites, and authentically promote our program(s) in your own way – not posing as its creators;
f) is, for any other reason, deemed 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 Body Positive Yoga, any of the URLs we own, and/or the name of any product offering Affiliate Partner commissions.
Body Positive Yoga reserves the right to disqualify and revoke an Affiliate Partner’s standing from any Affiliate Partner program, cancel pending commissions based on inappropriate behavior or marketing by the Affiliate Partner, and to amend this Promotion or Agreement at any time without notification to Affiliate Partner.
In short: please only use ethical, honest means to promote our product(s). Should a creative thunderbolt strike with an idea for using the Body Positive Yoga name, or any of our products in a unique way to promote our products or programs, please request written permission from email@example.com.
AFFILIATE PARTNER LINKS
Affiliate Partner links and any and all promotional materials necessary to promote and offer the Product to the Affiliate Partner’s customers via the Affiliate Partner’s Sites or emails, including but not limited to banners, graphics, or text ads are provided on the Affiliate Partner site (https://bodypositiveyoga.com/affiliate-dashboard) for all relevant products.
The Affiliate Partner may ONLY utilize their unique link, provided by the Promoter, on the Affiliate Partner’s own websites or emails. The Affiliate Partner may NOT post their link on other websites that are not owned or maintained by the Affiliate Partner or the Affiliate Partner’s brand, with the exception of ads or social media placements. Spamming the internet with links outside of Affiliate Partner’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 Partner benefits, prizes and commissions.
Links are intended to drive new customers to the Promotion. The Affiliate Partner may not use unsolicited commercial email, spam, search engine spam, or other illegal or unethical means by which to generate referral commissions.
The Affiliate Partner may also not purchase the Product through their link for personal use and receive a commission on that sale.
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 Partner.
The Affiliate Partner will receive a commission of 50% of the sale price for every sale of a Body Positive Yoga membership that is directly referred by the Affiliate Partner to the Promoter’s Site through the Affiliate Partner’s unique link or cookie.
Here’s a simple overview of how commissions work:
- You use your Affiliate Link and promote the membership online.
- A customer clicks on your Link, goes to the Body Positive Yoga website, and ends up purchasing a membership.
- You receive credit for promoting the sale.
- Your commission is calculated based on the sale price (see below) and credited to your account within two minutes of the sale.
How Commissions Are Calculated and Reported
Here’s an example of how much you’ll earn on membership sales with a 50% commission rate. Note: you only receive a commission for the first transaction, regardless of recurring payment status.
Month-to-month plan signup: $19
- 50% of price: $9.50
- Therefore, as the referring affiliate for this sale, you would earn $9.50.
Yearly plan signup: $189
- 50% of price: $94.50
- Therefore, as the referring affiliate for this sale, you would earn $94.50.
Obviously, the goal of being an affiliate is to get paid for your efforts. Commissions are paid through PayPal on the first Monday of each month. Your payment will come from firstname.lastname@example.org and will be sent to the PayPal email address you entered when you registered as an affiliate.
Refunds and Chargebacks
One question you may have is whether you will still receive your affiliate commission if the product is returned or if the customer requests a chargeback on the purchase. Unfortunately, the answer is no. All money is returned to the customer, so the vendor and affiliate must return their portions of the sale as well.
Other things to understand
Promoter is NOT responsible for the Affiliate Partner using or maintaining their Affiliate Partner links and only sales tracked through the Promoter’s system will count towards the Affiliate Partner’s commissions. All sales and commission numbers are tallied by the Promoter and all final sales and commission numbers are at the sole discretion of the Promoter.
While the Promoter makes every reasonable effort to accurately track and pay commissions for all Affiliate Partner sales, the Promoter is not responsible, nor under any circumstances will be held liable, for any technical difficulties, outside events, actions by other Affiliate Partner, or other uncontrollable events that may disrupt or interfere with Promoter’s ability to track sales or pay commissions.
Under no circumstances will Promoter be held liable for any incidental, indirect, or consequential damages, or any loss of revenue or profit that results from the Affiliate Partner’s participation in this program.
The team at Body Positive Yoga works hard to ensure we accurately represent our Affiliate Partner program and its earning potential. However, nothing on our Sites or in this agreement is a promise or guarantee of earnings. We cannot guarantee that you will get any results, or earn any money whatsoever. This is not a “get rich quick” scheme.
The Affiliate Partner alone is responsible for their strategies, actions and results in life and business. Any forward-looking statements outlined on our sites or in our Promotions are simply our hopes or forecasts for future potential, and thus are not guarantees or promises for actual performance. These statements are simply our opinion. Each Affiliate Partner’s level of success in attaining results is dependent upon a number of factors including: business savvy, marketing knowledge, dedication, network, and subscriber list. Because these factors differ so widely according to individuals, we cannot guarantee any degree of success, income level, or ability to earn revenue.
As stipulated by FTC law, we make no guarantees that you will achieve any results from our ideas and we offer no professional legal or financial advice.
SPAM AND UNSOLICITED EMAIL WARNING
The Affiliate Partner agrees to abide by all Federal Trade Commission Guidelines and the U.S. Federal Can-SPAM Act.
Body Positive Yoga has a firm zero tolerance policy toward any Affiliate Partner who spams any party or individual. As an Affiliate Partner you are agreeing NOT to send any unsolicited email to any party in promotion of any of our products. Should an Affiliate Partner be caught spamming, they will be removed from the Affiliate Partner program altogether, and any 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 a website. This also includes “spamming search engines” with links.
The Affiliate Partner may not use ANY copyright, trademark, service mark, or general branding of the Promoter without full disclosure and permission of the Promoter.
Affiliate Partner may not:
a) frame the Affiliate Partner’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;
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) 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;
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 Partner participation in this program, withhold or cancel commissions, or take any other action at its sole discretion should the Affiliate Partner carry out any of the behavior above or fail to operate with integrity or within the guidelines of the FTC;
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.
RELATIONSHIP OF PARTIES
Although we love our Affiliate Partners, nothing in this Agreement shall be deemed to create a partnership, joint venture, agency relationship, or employment relationship between Body Positive Yoga and the Affiliate Partner. Under no circumstances will Promoter be held liable for any actions or results of the Affiliate Partner.
Affiliate Partner is participating in the Affiliate Partner program 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 licenses, fees or taxes, or sales tax, including withholding taxes, social security taxes, and public liability and workman’s compensation insurance.
The Affiliate Partner hereby agrees not to copy, alter, share, use, duplicate, distribute, or adapt any of the Promoter’s confidential information which is not directly provided or approved by the Promoter, or any confidential information – disclosed or otherwise – that 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.
The Affiliate Partner shall not disclose the terms of this Agreement to any third party other than to the Affiliate Partner’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 the Affiliate Partner 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 the Affiliate Partner; or (c) if Affiliate Partner 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 Partner in writing from Promoter; or (e) if Affiliate Partner 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 Partner may not disclose any financial, personal, or business information about the Promoter or its executives (including Founder, Body Positive Yoga) without permission from the Promoter. Such disclosure is grounds for legal action, equitable relief, and termination of this Agreement.
INDEMNIFICATION AND LIABILITY
The Affiliate Partner agrees to indemnify and hold harmless Body Positive Yoga and the Promoter’s Founder, Body Positive Yoga, an individual, from and against any and all losses, claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorney fees) which the Affiliate Partner 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 on 30 days written notice prior to termination. Upon termination, it is understood that the Confidentiality and Indemnification clauses above will remain in effect for perpetuity.
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 unenforceability 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.