Effective Date: May 1, 2020 | Last Modified Date:
Your participation in or application to the Affiliate Program indicates awareness of and agreement with the terms described herein. We reserve the right to update this Agreement from time-to-time and any changes shall be effective upon posting such changes to the Affiliate Website as defined in the terms below.
“Affiliate Website” refers to the website provided by Whole Life Transformation Summit, located at affiliates.wholelifetransformation.org.
1. Summit Affiliate Program Description
The term of this Agreement (“Term”) shall commence upon your acceptance to the Summit Affiliate Program at opt in, and shall continue until July 1st, 2020.
The Affiliate Program for sale of the Whole Life Transformation Kit (“Kit”) being administered by The Bhakta School of Transformation (“Summit Producer”). You (“Affiliate”) will sign up as an Affiliate through the affiliate website (“Affiliate Website”), upon email notification with URL link from Summit Producer. All affiliate information will be maintained on the Affiliate Website and it is Affiliate’s responsibility to be aware of any changes or updates.
Through the Affiliate Website, Affiliate shall be provided with a unique affiliate link with tracking code. Affiliate acknowledges that he or she must use this link in order to earn affiliate commissions.
Through the Affiliate Website, Affiliate shall be provided with logos, graphics and other promotional materials to promote the Summit. Summit Producer grants Affiliate a non-exclusive, non-transferrable, royalty-free license to use these materials as is reasonably necessary to promote the Summit and sales of the Kit. Summit Producer warrants that he/she is the owner of all Summit and Kit promotional materials.
2. Affiliate Sales Monitoring
Affiliate links contain a tracking cookie containing Affiliate’s unique identification. The tracking cookie expires after a user has first clicked Affiliate’s unique link. The period to expiration of this tracking cookie commences at the time of Affiliate opting into this partner program, through July 6th, 2020. Through the Affiliate Program, Affiliate shall receive 50 percent for each purchase that occurs through use of Affiliate’s unique affiliate link, before the tracking cookie expires.
The price points for the kit are:
During summit airing: $97
3. Affiliate Commissions
Affiliate commissions shall be paid 30 days after June 22nd via PayPal. Affiliate shall provide his or her PayPal account payment information on the Affiliate Website sign up form. (If you don't have a PayPal account, you can get one free and link to a bank account to transfer funds, or use funds from your Paypal account to send money to others or to transfer to a debit card.) When applicable, if Affiliate wants to be paid by check, Affiliate must email Summit Producer with this request.
Affiliate shall maintain responsibility for the payment of any state or federal taxes due on commissions received.
We require a W-9 in order to make payments to you, as all Affiliates are considered 1099 Independent Contractors. If you accept payment through PayPal, they will handle the necessary paperwork and forward that to you.
If you require payment by check or by any other means, we will issue you a W-9, which you will need to sign and return to us before payment can be made.
Reporting of affiliate sales, pending sales and/or cancelled sales shall be made available on Affiliate Website.
4. Affiliate Marketing
Affiliate shall not utilize spam email methods in promoting Summit or Kit as an Affiliate.
Your Promotions of Summit Producer Properties (logos, banners, ad and email copy) must be consistent with our branding, and shall not be false or misleading. All Promotions should be conducted in a manner that represents the interests of Summit Producer and Kit and should, whenever possible, be created using or consistent with the promotional Materials found within the Affiliate Website, as a foundation.
You shall not create, publish, distribute, or print any written material that references Summit Producer Properties that is substantially different in tone or content from the promotional materials published within the Affiliate Website without first submitting that material to us and receiving our prior written consent. Affiliates who wish to promote Products in a manner not closely related to methods provided for within the Affiliate Website must request written pre-approval from Summit Producer before any Affiliated-created messaging is used in any fashion, so as to ensure Summit Producer’s interests are being met and Summit Producer’s brand is being represented accurately.
Affiliates may make adjustments to promotional materials provided to fit their unique promotional circumstances as long as the changes are not significant in tone and in no way misrepresent Summit Producer, Summit Producer’s offers or our partners.
Your promotion(s) may not in any way copy, resemble, or mirror the look and feel of our website. You will also not use any means to create the impression that your website is our website or any part of our website including, without limitation, framing of our website in any manner without our explicit permission.
We reserve the right, at any time, to review and approve or reject your planned or active promotion methods. We reserve the right to require that you make changes to your promotion methods to comply with the guidelines provided to you. A material element of this Affiliate Program is your compliance with our recommendations and requests.
If you intend to conduct promotions via email, you must adhere to the following:
1. Abide by the CAN-SPAM Act of 2003 (Public Law No. 108-187, Canada’s Anti-Spam Legislation (CASL) (2010 S.C., ch. 23 (Can.)), and California’s Restrictions on Unsolicited Commercial E-mail Advertisers (Cal. Bus. & Prof. Code § 17529.5 et seq) with respect to our campaign(s). In the event these laws are modified, updated, or replaced, you further agree to comply with the latest laws and regulations related to this requirement.
2. All email messages must be sent via your email system(s) and from you and must not represent, whether explicitly or implicitly, that the email is being sent from or on behalf of Summit Producer.
Promotions via social media platforms, whether via organic (posts, etc.) or paid (ads, CPC, etc.) mechanisms, is permitted and encouraged, provided they adhere to these general guidelines:
1. Promotions are conducted via social media profiles or channels you own that do not represent a legal relationship to Summit Producer, such as one which would represent you as an employee, agent or representative of Summit Producer.
2. You may not use social media profiles, usernames, or channels that contain “The Bhakta School of Transformation,” “The Bhakta School,” “Kedarji,” “Whole Life Transformation Summit,” “Whole Life Transformation Kit,” Summit Producer Domains, or other names or variations of names in active use by Summit Producer without explicit permission or as part of approved promotions.
3. Promotions via comments, replies or other engagement to Properties or social profiles owned by Summit Producer or other approved Affiliates may NOT contain your unique, trackable Affiliate Link.
4. Promotions must comply with the FTC Guides Concerning the Use of Endorsements and Testimonials in Advertising and native advertising guidelines.
5. Limitation of Liability
In no event shall Summit Producer be held liable for any losses, damages or injuries resulting from full performance of this Agreement, to the extent allowed by law.
6. Independent Contract Relationship
Affiliate’s relationship with Summit Producer shall be that of an independent contractor. Nothing in this agreement is intended to, or should be interpreted to, create an employment relationship. The Affiliate and Summit Producer acknowledge that this Agreement does not create a partnership, joint venture or employment relationship between them, and is exclusively an agreement for affiliate commissions related to Summit and sales of the Kit.
No part of the Affiliate’s compensation (if any) will be subject to withholding by the Summit Producer for the payment of any social security, governmental or other employee payroll taxes.
Both parties agree to keep in confidence any confidential information disclosed by the other party during the Term and following expiration of the Term. Confidential information includes, but is not limited to, any business, strategic, customer or technical information.
8. Dispute Resolution
In the event that a dispute arises out of or in connection with this Agreement, the parties agree to attempt to first resolve the dispute through friendly means.
If the dispute is not resolved within a reasonable period of time, this Agreement shall be governed in all respects by the laws of the state of Ohio and the United States. Each party irrevocably consents to the exclusive personal jurisdiction of the federal and/or state courts of the state of Ohio, as applicable, for any matter arising out of or in relation to this Agreement. However, in actions seeking to enforce any order or any judgment of such federal and/or state courts located in the state of Ohio, such personal jurisdiction shall be nonexclusive.
Either party may cancel this Agreement without penalty by giving at least 30 days notice to the other party. If Affiliate cancels this Agreement, he or she shall be entitled to commissions earned up to the date of the cancellation of this agreement.
If Summit Producer cancels this Agreement due to fault of Affiliate for failure to act within the scope of this Agreement, Affiliate forfeits any and all unpaid commissions. If Summit Producer cancels this Agreement due to no fault of Affiliate, Summit Producer shall pay Affiliate all commissions earned up to cancellation date.
10. General Provisions
Summit Producer shall maintain Affiliate Website in such a manner that accurately reflects the click-throughs and sales made by Affiliate.
If any provision of this Agreement is unenforceable, that provision shall be deemed amended to achieve as near as possible the same economic effect as the original provision and the remainder of this Agreement shall remain in effect and not be impaired.
Both parties agree that neither shall be liable for failure to perform or delays in performance caused by circumstances reasonably beyond his or her control.
This Agreement constitutes the entire contract between Summit Producer and Affiliate regarding Affiliate commissions. This Agreement supersedes any previous negotiations, commitments, agreements or understandings, oral or written, surrounding Affiliate commissions. Summit Producer reserves the right to modify any of the terms of this Agreement at any time on this page, with such page revisions being deemed proper notice.