The Art of Living Foundation

Art of Living Affiliate Terms & ConditionsUpdated 11/28/2022Please read our affiliate terms and conditions carefully before you join our program or begin marketing our program. These terms and conditions are written in plain language intentionally avoiding legalese to ensure that they may be clearly understood and followed by affiliates. Each Affiliate is responsible for assuring that its employees, agents and contractors comply with these terms and conditions. Affiliate terms and conditions are subject to change. Thank you.DEFINITIONSAs used in these terms and conditions: (i) “We”, “us”, or “our” refers to Art of Living and our website; (ii) “you” or “your” refers to the Affiliate; (iii) “our website” refers to the Art of Living properties located at www.artofliving.org; (iv) “your website” refers to any websites that you will link to our website; (v) “Program” refers to the Art of Living Affiliate Program.ENROLLMENTAfter receiving your application, we will review your website and notify you of your acceptance or rejection into our Program. Please allow up to 48 hours for your application to be reviewed. We reserve the right to reject any application, however we encourage you to contact us if you feel we have made an incorrect decision. Including all of the websites that you use in your profile will help us make a better decision. WEBSITE RESTRICTIONSYour participating website(s) may not:1.Infringe on our or any anyone else’s intellectual property, publicity, privacy or other rights. 2.Violate any law, rule or regulation.3.Contain any content that is threatening, harassing, defamatory, obscene, harmful to minors, or contains nudity, pornography or sexually explicit materials.4.Contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, interfere with, surreptitiously intercept or expropriate any system, data, or personal information.5.Contain software or use technology that attempts to intercept, divert or redirect Internet traffic to or from any other website, or that potentially enables the diversion of affiliate commissions from another website. This includes toolbars, browser plug-ins, extensions and add-ons.LINKING TO OUR WEBSITEUpon acceptance into the Program, links will be made available to you through the affiliate interface. Your acceptance in our program means you agree to and abide by the following. 1.You will only use linking code obtained from the affiliate interface without manipulation.2.All domains that use your affiliate link must be listed in your affiliate profile.3.Your Website will 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. 4.You may not engage in cookie stuffing or include pop-ups, false or misleading links on your website. In addition, wherever possible, you will not attempt to mask the referring URL information (i.e. the page from where the click is originating). 5.Using redirects to bounce a click off of a domain from which the click did not originate in order to give the appearance that it came from that domain is prohibited. 6.You may not use any Art of Living trademarked terms or misspellings of trademarked terms to re-direct traffic through an Internet Service Provider (ISP) to a page on your website or the Art of Living website without written approval from Art of Living.If you are found redirecting links to hide or manipulate their original source, your current and past commissions will be voided or your commission level will be set to 0%. This does not include using “out” redirects from the same domain where the affiliate link is placed.MID-CHECKOUT COMMISSION REDUCTION & OVERWRITE RULEArt of Living uses a dynamic pixel system that may make changes to the standard commission in the case of a mid-checkout referral, which is defined as a cookie that is set within a set amount of time prior to the purchase. By reducing our commission on these types of referrals and by closely monitoring the quality of traffic we receive from each affiliate, we will be able to pay out higher commissions for driving new customers and traffic. This logic also gives full credit to the first referring affiliate in the case that a second affiliate enters within a set amount of time prior to the purchase. Mid-checkout commission and overwrite rules are subject to change.Scenarios1.Two affiliates outside of ten minutes before sale, normal "last in" logic applies.2.One affiliate outside of ten minutes before sale, one within. "Last in" affiliate will receive 2% lowered commission and first affiliate will receive full commission.3.Single affiliate within last ten minutes, 2% commission will apply4.Two affiliates within last ten minutes, “last in” affiliate will receive the reduced 2% commission. PPC GUIDELINESIf you are enrolled in our Program and participate in PPC advertising, you must adhere to our PPC guidelines as follows:1.You may not bid on any of our trademarked terms (which are identified below), including any variations or misspellings thereof for search or content-based campaigns on Google, MSN, Yahoo, Facebook or any other network.2.You may not use our trademarked terms in sequence with any other keyword (i.e. Art of Living Coupons).3.You may not use our trademarked terms in your ad title, ad copy, display name or as the display URL.4.You may not direct link to our website from any Pay Per Click ad or use redirects that yield the same result. Affiliate links must be directed to an actual page on your website. 5.You may not bid in any manner appearing higher than Art of Living for any search term in position 1-5 in any auction style pay-per-click advertising program If you automate your PPC campaigns, it is your responsibility to exclude our trademarked terms from your program and we strongly suggest you add our trademarked terms as negative keywords. We have a strict no tolerance policy on PPC trademark bidding. You will forfeit all commissions for a minimum of the past 30 days and your commission will be set to 0% without warning if you engage in PPC trademark bidding that uses our trademarked terms.Trademarked Terms: Art of LivingCOUPON GUIDELINESIf you are enrolled in our Program and your Website promotes coupon codes, you must adhere to our Coupon Guidelines as follows:1.You may ONLY advertise coupon codes that are provided to you through the affiliate program.2.Posting any information about how to work around the requirements of a coupon/promotion (ie first time customers only) will result in removal from the program.3.Coupons must be displayed in their entirety with the full offer, valid expiration date and code. 4.You may NOT use any technology that covers up the coupon code and generates the affiliate click by revealing the code(s).5.You may NOT advertise coupon codes obtained from any non-affiliate marketing channel, including coupon codes from our email, paid search or any other non-affiliate advertising campaigns. 6.You may NOT give the appearance that any ongoing offer requires clicking from your website in order to redeem. For example, if all items on the site have free shipping over $100, you may not turn this into an offer that infers that the customer must click from your site to get this deal.Additionally, if your website ranks on the first page of Google for terms related to our website or company name(s) combined with the words coupon, coupons, coupon code, promo code, etc. and/or your conversion rate exceeds 25%, you may be offered a lower commission than our standard rate to offset the reduced profitability of orders. COUPON ATTRIBUTION & AUTHENTICATIONAffiliates whose primary business is posting coupons, who are viewed by the program as being a coupon site, and/or who are tagged as coupon in our system, may not be paid commissions for sales generated without a corresponding valid coupon code. Valid codes are defined as codes that are made available to the affiliate channel in general, through newsletters or the Deals Database in ShareASale, and directly or privately to affiliates. Coupon codes that are not real, expired, not specific (e.g. up to 40% off sale items) or are long-term sitewide offers that do not require a code may not considered valid codes and the affiliate will not be given commission on these orders. SUB-AFFILIATE NETWORKSPromoting Art of Living through a sub-affiliate network is permitted, however you must be completely transparent with regards to where traffic from your sub-affiliates originated. Sub-affiliate networks must ensure that all sub-affiliates promoting the Art of Living program adhere to our program terms and conditions. This includes restrictions on advertising through toolbars, browser extensions, and through any paid placements such as a pay-per-click campaigns. Sub-affiliate networks must also receive approval prior to allowing any type of coupon sub-affiliate to promote the Art of Living program.Failure to comply with our sub-affiliate network terms may result in a loss and/or reduction of commission from sales made through any sub-affiliate that does not comply with our program terms.DOMAIN NAMESUse of any of our trademarked terms as part of the domain or sub-domain for your website is strictly prohibited i.e. ArtofLiving.website.com or www.ArtofLiving-coupons.com CONFIDENTIALITYEach party ("Receiving Party") agrees that it will keep confidential and not disclose or use except in performance of its obligations under this Agreement, Confidential Information provided by the party disclosing such information ("Disclosing Party") except as (i) otherwise required by law, or (ii) or as may be necessary to enforce such parties' rights under this Agreement. You shall not disclose the terms of this Agreement to any third party without our prior written consent. Each party shall use reasonable precautions to protect the other's Confidential Information and employ at least those precautions that such party employs to protect its own confidential or proprietary information. "Confidential Information" shall not include information that the Receiving Party can document: (i) is in or (through no improper action or inaction by the Receiving Party) enters the public domain, or (ii) was rightfully in its possession or known by it prior to receipt from the Disclosing Party, or (iii) was rightfully disclosed to it by another person without restriction, or (iv) was independently developed by it by persons without access to such information and without use of any Confidential Information of the Disclosing party. Each party, with prior written notice to the Disclosing party, may disclose such Confidential Information to the minimum extent possible that is required to be disclosed to a governmental entity or agency in connection with seeking any governmental or regulatory approval, or pursuant to the lawful requirement or request of a governmental entity or agency, provided that reasonable measures are taken to guard against further disclosure, including without limitation, seeking appropriate confidential treatment or a protective order, or assisting the other party to do so. The Receiving Party acknowledges and agrees that due to the unique nature of the Disclosing Party's Confidential Information, there can be no adequate remedy at law for any breach of its obligations hereunder, that any such breach may allow the Receiving Party or third parties to unfairly compete with the Disclosing Party resulting in irreparable harm to the Disclosing Party, and therefore, that upon any such breach or any threat thereof, the Disclosing Party shall be entitled to appropriate equitable relief in addition to whatever remedies it might have at law and to be indemnified by the Receiving Party from any loss or harm, including, without limitation, lost profits and attorney's fees, in connection with any breach or enforcement of the Receiving Party's obligations hereunder or the unauthorized use or release of any such Confidential Information. The Receiving Party will notify the Disclosing Party in writing immediately upon the occurrence of any such unauthorized release or other breach. Any breach of this Section will constitute a material breach of this Agreement. For purposes of this Agreement, “Confidential Information” is confidential or proprietary information related to the Disclosing Party’s business that the Receiving Party learns in connection with this Agreement and any other information received from the other, including without limitation, to the extent previously, currently or subsequently disclosed to the Receiving Party hereunder or otherwise: information relating to products or technology of the Disclosing Party or the properties, composition, structure, use or processing thereof, or systems therefore, or to the Disclosing Party's business (including, without limitation, computer programs, code, algorithms, schematics, data, know-how, processes, ideas, inventions (whether patentable or not), names and expertise of employees and consultants, all information relating to customers and customer transactions and other technical, business, financial, customer and product development plans, forecasts, strategies and information).ADVERTISING & PUBLICITYYou shall not create, publish, distribute, or print any written material that is distributed in hardcopy/physical form that makes reference to our Program without first submitting that material to us and receiving our prior written consent. If you intend to promote our Program via e-mail campaigns, you must adhere to the following:1.Abide by the CAN-SPAM Act of 2003 (Public Law No. 108-187) with respect to our Program.2.E-mail must be sent on your behalf and must not imply that the e-mail is being sent on behalf of Art of Living.3.E-mails must first be submitted to us for approval prior to being sent or we must be sent a copy of the e-mail. SOCIAL MEDIAPromotion on Facebook, Twitter, and other social media platforms is permitted following these general guidelines: 1.You ARE allowed to promote offers to your own lists; more specifically, you’re welcome to use your affiliate links on your own Facebook, Twitter, etc. pages. For example: You may post, “25% off sale at Art of Living through Wednesday with code ArtofLiving25.” 2.You ARE PROHIBITED from posting your affiliate links on Art of Living Facebook, Twitter, Pinterest, etc. company pages in an attempt to turn those links into affiliate sales.3.You ARE PROHIBITED from running Facebook ads with Art of Living trademarked company name.4.You ARE PROHIBITED from creating a social media account that includes Art of Living trademark in the page name and/or username.OPERATIONS OUTSIDE UNITED STATESIf you are conducting business in or taking orders from persons in other countries, you will follow the laws of those countries. For example, you will comply with the General Data Protection Regulation (GDPR) if you are conducting business in or taking orders from persons in one or more of the European Union countries.EU GDPR GUIDELINESThe GDPR came into force in May 2018 and is the legal framework which sets the guidelines for the collection and processing of personal information from individuals who live in the European Union. Whilst this is a European regulation, it applies to any individual/entity that collects and processes data from any EU residents. So, if you are targeting EU customers and processing their data, you will need to comply with this regulation.If you are enrolled in our Program, you must follow the standards when dropping cookies or collecting data from EU consumers. In particular, your participating website(s) must:1.Ensure that visitors understand that their data is being collected and stored, and for what reason.2.Have a clear and easy way for an individual to opt out of their data being stored and/or used.3.Get explicit consent from an individual before sending any marketing communications. This needs to be an action, i.e. they need to physically tick a box.4.Be easy for an individual to withdraw their consent of marketing communications at any time.5.Be made clear to the individual what their consent means – i.e. that they could be targeted with communications from various companies.REVERSAL & COMMUNICATION POLICYArt of Living takes pride in its very low reversal rate, which we attribute to open communication with our affiliates. However, we reserve the right to reverse orders due to order cancellations, duplicate tracking, returns, disputed charges, and program violations as outlined in these terms and conditions. Additionally, if we ask you for clarification or more information on any orders or clicks that we suspect may be in violation of our terms and conditions, we expect that you will respond in a timely and honest manner. Below are violations of our communications policy. 1.You are not forthcoming, intentionally vague or are found to be lying. 2.You are not responsive within a reasonable time period and after multiple attempts to contact with information listed in your network profile. 3.You cannot substantiate or validate the source of your traffic to our program with clear and demonstrable proof.If any of the above apply, then we reserve the absolute right to reverse orders, set your commission to 0% or suspend you from the program for the period or orders in question. We know that many violations are a result of automated processes; however, it is incumbent upon each affiliate to ensure that it has the appropriate checks and balances in place to pro-actively address these issues and adhere to our program rules.FTC DISCLOSURE REQUIREMENTSYou must include a disclosure statement within any and all pages, blog/posts, or social media posts where affiliate links for our affiliate program are posted as an endorsement or review, and where it is not clear that the link is a paid advertisement. This disclosure statement should be clear and concise, stating that we are compensating you for your review or endorsement. If you received the product for free from us or from the affiliate management team for review, this also must be clearly stated in your disclosure.•Disclosures must be made at the beginning of the claims and may not appear solely in a “Terms of Use”, “Legal”, “About Us” or other linked page.•Disclosures should be placed above the fold; scrolling should not be necessary to find the disclosure. (e.g. disclosure should be visible before the jump).•Pop-up, hover state and button disclosures are prohibited.•Disclosure policy applies to all social media, even when space is restricted (e.g., tweets)•Disclosures should be made in the same medium as the claim (e.g. video, text)For more information about FTC disclosure requirements, please review the FTC's "Dot Com Disclosures" Guidelines at http://www.ftc.gov/os/2013/03/130312dotcomdisclosures.pdf (example 21) and the FTC's Endorsement Guidelines at http://business.ftc.gov/advertising-and-marketing/endorsements If you engage in so called “native advertising”, you further agree to comply with the FTC’s Enforcement Policy Statement on Deceptively Formatted Advertisements at https://www.ftc.gov/system/files/documents/public_statements/896923/151222deceptiveenforcement.pdf and the related guidelines.RELATIONSHIP OF THE PARTIESYou shall be deemed to be an independent contractor in your relationship with us. You shall not hold yourself out as an employee or agent of Art of Living. No debts or obligations shall be incurred by either party in the other party’s name. You specifically understand and agree that you shall not be treated as an employee for any applicable tax purposes, and you are responsible for all taxes incurred as result of any payments made hereunder.ARBITRATIONWith the exception of any Dispute (as defined below) arising out of or relating to a breach or alleged breach of the Confidential Information section or a breach by you with respect to use of our intellectual property, which Disputes may proceed to litigation in accordance with the terms set forth in the Miscellaneous section below, any dispute, claim, suit, demand or controversy arising out of or relating to this Agreement including without limitation the breach, termination, enforcement, interpretation, or validity of this Agreement, and/or the scope or applicability of this Section, (“Dispute”), shall be determined exclusively and finally by arbitration. By agreeing to mandatory and binding arbitration, you agree to waive the right to go to court to enforce or defend your rights, and to waive your rights to a jury trial and to litigate claims on a class-wide or class-action basis. The Parties’ rights will be determined by a neutral arbitrator. If any part of this Section other than the class action waiver in this paragraph is declared unenforceable, the remainder shall be enforceable. If the class action waiver is declared unenforceable in a proceeding between you and us, without impairing the right to appeal such decision, this entire Section (except for this sentence) shall be null and void in such proceeding. It is intended that this agreement to arbitrate be broad and comprehensive and except as set forth in the first sentence of this section, includes, without limitation, any dispute arising out of or related to your services or your relationship with us.The arbitration shall be administered by Judicial Arbitration and Mediation Service (“JAMS”). The arbitration shall be held in Los Angeles County, California unless another location has been agreed to by the Parties in writing. The Parties can appear at the arbitration in person, via telephone, or via video conference (if available). Either Party may submit its position for decision on the papers (solely by written presentation) in a format that is fair to both Parties and acceptable to the arbitrator. The arbitration shall be held before a single arbitrator and shall be conducted pursuant to this Agreement, the Federal Arbitration Act (9 U.S.C. § 1 et. seq.) (“FAA”) and JAMS Streamlined Rules and Procedures (“Rules”). The arbitrator shall follow applicable substantive law consistent with the FAA, apply applicable statutes of limitations, honor valid claims of privilege, and issue a written reasoned decision which will be final and binding except for any review under the FAA. The arbitrator may award all remedies that would apply in an individual court action (subject to constitutional limits that would apply in court). The arbitrator shall resolve the Dispute as quickly as possible. The arbitration, or any portion of it, will not be consolidated with any other arbitration and will not be conducted on a class-wide or class-action basis. The arbitrator shall be entitled to award any damages provided for under applicable law. Each party will pay the fees and costs for his, her or its own attorneys, subject to any remedies to which that party may be entitled under applicable state or federal law. Should either Party bring a Dispute involving issues subject to arbitration in a forum other than arbitration, the court or the arbitrator shall have the authority to award reasonable costs, fees and expenses, including reasonable attorneys’ fees, incurred by the other Party in successfully staying or dismissing, in whole or in part, such other proceeding or in otherwise enforcing compliance with this arbitration provision. Judgment on the arbitrator’s award may be entered in any state or federal court of competent jurisdiction. In the event of a conflict between the terms of this Agreement and the Rules, the terms of this Agreement will prevail.MISCELLANEOUSYou may not assign, sell, lease or otherwise transfer in whole or in party any of the rights granted pursuant to this Agreement without our prior written approval. Should any part of this Agreement, for any reason, be declared invalid by a court of competent jurisdiction, such determination shall be not affect the validity of any remaining portion, and such remaining portion shall remain in force and effect as if this Agreement had been executed with the invalid portion eliminated. This Agreement shall be governed by and construed in accordance with the laws of the State of California. You hereby consent exclusively to the personal jurisdiction of any court of competent jurisdiction in Los Angeles, California. This Agreement contains the entire agreement between the parties, and no representations, statements or inducements, oral or written, not contained herein, shall be binding upon the parties. We expressly disclaim the making of, and you acknowledge that you have not received a warranty or guaranty, express or implied, as to the potential volume, profits or success of the business venture contemplated by this Agreement.© 2022 Art of Living & Acceleration Partners LLC