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Welcome to Holy Yoga! Thanks for joining our Referral program.
PLEASE READ THE ENTIRE AGREEMENT.
YOU MAY PRINT THIS PAGE FOR YOUR RECORDS.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND HOLY YOGA. (HOLY YOGA GLOBAL, LLC)
BY SUBMITTING THE ONLINE APPLICATION, YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.
1. Overview
These following terms and conditions apply to individuals who are accessing or using the Holy Yoga Referral Program (the “Program”) both as the merchant (“we” or “merchant”) and a Referral Partner(“you” or “referral partner”) who refers customers to use product or service from the merchant.
By participating in the Program, the referral partner agrees to use the Program as specified and is bound by these Terms and Conditions. If you do not agree to these Terms and Conditions in their entirety, you are not authorized to register as a referral partner or participate in the Program in any manner.
Statement of Faith. By registering for any program with Holy Yoga, the participant agrees to respect and agrees not to contradict the Holy Yoga Statement of Faith. They acknowledge that the majority of Holy Yoga participants believe, follow, and live by this statement, with hopes that no member will make any attempts to add or take away from it. They accept that Holy Yoga events, meetings, classes, subscriptions, and programs include elements of Christian practice, including prayer, reading of scripture, and direct references to Jesus, the Bible, and Christian character. Participant understands that any individual doctrinal differences which may exist outside of the aforementioned will not hinder the unity of the Holy Yoga community.
2. Referral Partner Obligations:
2.1. To begin the enrollment process, you will complete and submit the online application at the holyyoga.net website. The fact that we auto-approve applications does not imply that we may not re-evaluate your application at a later time. We may reject your application at our sole discretion. We may cancel your application if we determine that your site or platform is unsuitable for our Program, including if it:
2.1.1. Promotes sexually explicit materials
2.1.2. Promotes violence
2.1.3. Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
2.1.4. Promotes illegal activities
2.1.5. Incorporates any materials which infringe or assist others in infringing on any copyright, trademark, or other intellectual property rights or to violate the law
2.1.6. Includes “Merchant” or variations or misspellings thereof in its domain name
2.1.7. Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically, or otherwise objectionable to us in our sole discretion.
2.1.8. Contains software downloads that enable diversions of commission from other Referral Partners in our program.
2.1.9. You may not create or design your website or any other website that you operate, explicitly or implied, in a manner that resembles our website nor design your website in a manner that leads customers to believe you are holyyoga.net or any other affiliated business.
2.2. As a member of Holy Yoga’s Referral Program, you can access the Referral Partner Dashboard Manager. Here you can review our Program’s details and download HTML code (links to web pages within the holyyoga.net website) and banner creatives, browse, and get tracking codes for our coupons and deals. For us to accurately keep track of all guest visits from your site to ours, you must use the HTML code we provide for each banner, text link, or other referral link we provide you with.
2.3. Holy Yoga reserves the right, at any time, to review your placement and approve the use of Your Links and require that you change the placement or use to comply with the guidelines provided to you.
2.4. The maintenance and updating of your site will be your responsibility. We may monitor your site as necessary to make sure that it is up-to-date and to notify you of any changes that we feel should enhance your performance.
2.5. It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any person’s copyrighted material, whether it be a writing, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person’s copyrighted material or other intellectual property in violation of the law or any third-party rights.
3. Holy Yoga Rights and Obligations
3.1. We have the right to monitor your site at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to your site that we feel should be made or to make sure that your links to our website are appropriate and to notify further you of any changes that we feel should be made. If you do not make the changes to your site that are necessary, we reserve the right to terminate your participation in the Holy Yoga Referral Program.
3.2. Holy Yoga reserves the right to terminate this Agreement and your participation in the Referral Program immediately and without notice to you should you commit fraud in your use of the Referral Program or should you abuse this program in any way. If such fraud or abuse is detected, Holy Yoga shall not be liable to you for any commissions for such fraudulent sales.
3.3. This Agreement will begin upon our acceptance of your Referral Partner application and will continue unless terminated hereunder.
4. Termination
Either you or we may end this Agreement immediately, with or without cause, by giving the other party written notice. Written notice can be in the form of mail, email, or fax. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.
5. Modification
We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and Holy Yoga Referral Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in the Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.
6. Commissions and payment
Refer any customer to make a purchase on our website, you will get a commission amount which is calculated based on the Commission structure. The commission amount is dependent on order value and not including extra fees (tax, shipping cost,…).
100hr, 200hr, or 300hr online trainings = $100 commission
Ignite = $50 commission
Licensed Instructor Training = $150
HYTV = $19 (first paid month)
HYTV+ = $69 (first paid month)
No cash payments will be distributed. Commissions are given as a discount credit to be stored in the Referral Partner’s Holy Yoga account funds at holyyoga.net and can only be used as a discount on approved Holy Yoga programming. Referral Partner commissions are not redeemable for cash.
Referral commissions will be distributed into accounts funds between the 1st and the 5th of each month unless otherwise noted.
The Use of the Referral Program is subject to a fair use policy that gives the merchant the right to review every referral order. The commission status is displayed in the Commission tab; any paid commission will be listed on the Payment tab. Transactions that result in chargebacks or refunds will not be paid out.
7. Referral Links and Coupons
The referral link is automatically generated, but you can also generate a referral link for a specific product or collection. If a person clicks on someone else’s referral link and then clicks on yours later, yours is the one that counts.
Referral Partners might or might not be assigned to one coupon code with details and usage clarified on Dashboard. If customers click the referral link and use the coupon code, they will not receive a double commission. If you’re not assigned a branded coupon, then you’re not allowed to promote the coupon.
Referral Partners may also advertise the Holy Yoga website on online channels such as Facebook, Instagram,… or offline classified channel ads, magazines, and newspapers.
8. Marketing tool
We may share promotion media such as banners, logos, or specific collection promotions with you through the Marketing tool tab. You can download the media or get the HTML embed code to share on affiliate channels.
9. Promotion Restrictions
9.1. You are free to promote your own websites and platforms, but naturally any promotion that mentions the public or the press could perceive Holy Yoga as a joint effort. You should know that Holy Yoga always prohibits certain forms of advertising. For example, advertising commonly referred to as “spamming,” is unacceptable to us and could cause damage to our name. Other generally prohibited forms of advertising include using unsolicited commercial email (UCE), postings to non-commercial newsgroups, and cross-posting to multiple newsgroups simultaneously. In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, domain name, or return email address. You may use mailings to customers to promote Holy Yoga so long as the recipient is already a customer or subscriber of your services or website, and recipients can remove themselves from future mailings. Also, you may post to newsgroups to promote Holy Yoga as long as the news group welcomes commercial messages. At all times, you must clearly represent yourself and your websites as independent from Holy Yoga. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in the Holy Yoga Referral Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.
9.2. Referral Partners that among other keywords or exclusively bid in their Pay-Per-Click campaigns on keywords such as Holy Yoga, www.holyyoga.net, and/or any misspellings or similar alterations of these – be it separately or in combination with other keywords – and do not direct the traffic from such campaigns to their own website before re-directing it to ours, will be considered trademark violators, and will be banned from the Program. We will do everything possible to contact the partner before the ban. However, we reserve the right to expel any trademark violator from our referral program without prior notice and on the first occurrence of such PPC bidding behavior.
9.3. Referral Partners are not prohibited from keying in prospect’s information into the lead form as long as the prospects’ information is real and true, and these are valid leads (i.e., sincerely interested in Holy Yoga’s service).
9.4. Affiliate shall not transmit any so-called “interstitials,” “Parasiteware™,” “Parasitic Marketing,” “Shopping Assistance Applications,” “Toolbar Installations and/or Add-ons,” “Shopping Wallets” or “deceptive pop-ups and/or pop-unders” to consumers from the time the consumer clicks on a qualifying link until such time as the consumer has fully exited Merchant’s site (i.e., no page from our site or any Holy Yoga’s content or branding is visible on the end-user’s screen). As used herein a. “Parasiteware™” and “Parasitic Marketing” shall mean an application that (a) through accidental or direct intent causes the overwriting of affiliate and non affiliate commission tracking cookies through any other means than a customer initiated click on a qualifying link on a web page or email; (b) intercepts searches to redirect traffic through an installed software, thereby causing, pop ups, commission tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search (search engines being, but not limited to, Google, MSN, Yahoo, Overture, AltaVista, Hotbot and similar search or directory engines); (c) set commission tracking cookies through loading of Holy Yoga’s site in IFrames, hidden links and automatic pop ups that open Holy Yoga’s site; (d) targets text on web sites, other than those web sites 100% owned by the application owner, for the purpose of contextual marketing; (e) removes, replaces or blocks the visibility of partners banners with any other banners, other than those that are on web sites 100% owned by the owner of the application.
10. Cookie
We use a cookie to track people who have clicked on your link, so they need to be using cookies for us to track them.
If a person doesn’t allow cookies or clears their cookies, then we can’t track them, so can’t pay earnings on that person’s activity. Holy Yoga is not obligated to pay a commission to Referral Partners if the cookies are not used.
The cookies day is stated in the Referral registration form. The tracking day will start from the time a customer clicks on the affiliate’s link or use the coupon. Within cookie time, every order made by this customer at the merchant website will automatically result in commissions to the referral partner (There’s no need for the customer to click on the affiliate link then).
11. Removal from the Referral Program
If a Referral Partner wishes to be removed from the Referral program, they can contact info@holyyoga.net.
12. Grant of Licenses
12.1. We grant to you a non-exclusive, non-transferable, revocable right to (i) access our site through HTML links solely in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the “Licensed Materials”) that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of Holy Yoga’s Referral Program. You agree that all uses of the Licensed Materials will be on behalf of Holy Yoga, and the goodwill associated therewith will inure to the sole benefit of Holy Yoga.
12.2. Each party agrees not to use the other’s proprietary materials in any manner that is disparaging, misleading, obscene, or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights, and no right, title or interest is transferred to the other.
13. Disclaimer
HOLY YOGA MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING HOLY YOGA’S SERVICE AND WEBSITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF HOLY YOGA ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
14. Representations and Warranties
You represent and warrant that:
14.1. This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;
14.2. You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement without the approval or consent of any other party;
14.3. You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
15. Limitations of Liability
WE WILL NOT BE LIABLE TO YOU CONCERNING ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL MERCHANT.COM’S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED ON CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.
16. Indemnification
You hereby agree to indemnify and hold harmless Holy Yoga, its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary rights of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.
17. Confidentiality
All confidential information, including, but not limited to, any business, technical, financial, and customer information disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked “Confidential,” will remain the sole property of the disclosing party. Each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.
18. Miscellaneous
18.1. You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Holy Yoga. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on Your Site or any other of Your Site or otherwise, that reasonably would contradict anything in this Section.
18.2. Neither party may assign its rights or obligations under this Agreement to any party except to a party who obtains all or substantially all of the business or assets of a third party.
18.3. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona without regard to the conflicts of laws and principles thereof.
18.4. You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
18.5. This Agreement represents the entire agreement between you and us and shall supersede all prior agreements and communications of the parties, oral or written.
18.6. The headings and titles contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.
18.7. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the parties’ intent is effectuated, and the remainder of this agreement shall have full force and effect.
Go forward and refer!
We’re very glad you’ve made it to the end of this important document.
We wish you all the very best. You can always re-visit these Referral Program terms and conditions in the future and if you have any questions, you can email info@holyyoga.net for support.
Fill out the form below to find out how Holy Yoga can be a fit for you. Someone from our team will reach out to you with more information shortly.