Yogasleep

MARPAC LLC’S AFFILIATE PROGAM AGREEMENTPLEASE READ THE ENTIRE AGREEMENT CAREFULLY. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND MARPAC, LLC. BY SUBMITTING THE ONLINE APPLICATION, YOU ARE CONFIRMING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY BOUND BY ITS TERMS AND CONDITIONS.1. Overview / DefinitionsThis Agreement contains the complete terms and conditions that apply to you becoming an affiliate in the Marpac, LLC Affiliate Program. The purpose of this Agreement is to allow HTML linking between your web site and the Marpac.com web site. Please note that throughout this Agreement, "we," "us," and "our" refer to Marpac, LLC, and "you," "your," and "yours" refer to the affiliate.2. Affiliate Obligations2.1. To begin the enrollment process, you will complete and submit the online application at ShareaSale.com. We may reject your application at our sole discretion. We may cancel your application if we determine that your site 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 age2.1.4. Promotes illegal activities 2.1.5. Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law 2.1.6. Includes "Marpac” and/or “Yogabed” or variations or misspellings thereof in its domain name2.1.7. 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 potentially enable diversions of commission from other affiliates 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 which resembles our website nor design your website in a manner which leads customers to believe you are Marpac, LLC or Yogabed or any other affiliated business.2.2. As a member of the Marpac Affiliate Program, you will have access to the Marpac Affiliate Account Manager. Here you will be able to review our Program’s details, download HTML code (that provides for links to web pages within the Marpac, LLC web site) and banner creatives, browse and get tracking codes for our coupons and deals. In order for us to accurately keep track of all guest visits from your site to ours, you must use the HTML code that we provide for each banner, text link, or other affiliate link we provide you with.2.3. Marpac, LLC 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 the updating of your site will be your responsibility. We may monitor your site as we feel 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. Marpac, LLC Rights and Obligations3.1. 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 web site 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 we feel are necessary, we reserve the right to terminate your participation in the Marpac, LLC Affiliate Program.3.2. Marpac, LLC reserves the right to terminate this Agreement and your participation in the Marpac, LLC Affiliate Program immediately and without notice to you should you commit fraud in your use of the Marpac, LLC Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected, Marpac, LLC shall not be liable to you for any commissions for such fraudulent sales.3.3. This Agreement will begin upon our acceptance of your Affiliate application and will continue unless terminated hereunder.4. TerminationEither you or we may end this Agreement AT ANY TIME, 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. ModificationWe 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 Marpac, LLC's Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in Marpac, LLC's Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.6. PaymentMarpac, LLC uses a third party to handle all of the tracking and payment. The third party is the ShareASale.com affiliate network. Kindly review the network’s payment terms and conditions.7. Access to Affiliate Account InterfaceYou will create a password so that you may enter ShareASale’s secure affiliate account interface. From their site you will be able to receive your reports that will describe our calculation of the commissions due to you.8. Promotion Restrictions8.1. You are free to promote your own web sites, but naturally any promotion that mentions Marpac, LLC could be perceived by the public or the press as a joint effort. You should know that certain forms of advertising are always prohibited by Marpac, LLC. 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 the use of unsolicited commercial email (UCE), postings to non-commercial newsgroups and cross-posting to multiple newsgroups at once. In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address. You may use mailings to customers to promote Marpac, LLC so long as the recipient is already a customer or subscriber of your services or web site, and recipients have the option to remove themselves from future mailings. Also, you may post to newsgroups to promote Marpac, LLC so long as the news group specifically welcomes commercial messages. At all times, you must clearly represent yourself and your web sites as independent from Marpac, LLC. 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 Marpac, LLC Affiliate Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.8.2. Affiliate PPC Rules1. Search Engines•Bidding is allowed on Google and Bing/Yahoo with a few restrictions listed herein.•Bidding on Ask, Facebook, Twitter, Find What and other search engines and social media sites is permitted with no restrictions on Marpac trademarked terms.•Clause 3 below (Competitor Terms) in the PPC Policy must be followed on all pay-per-click search engines and advertisements.2. Marpac and Manufacturer Trademarks•Affiliates may not bid on Marpac trademark terms on Google and Bing/Yahoo, including international versions. Marpac LLC terms include the following:oAll for SleepoDohmoDohm ConnectoDohm EliteoDohm UnooFoxfireoGive Sleep a ChanceoHushhoImprestoInstant Response YogafoamoMarpacoMarsonaoPurestoRohmoSerious SleepoSleep MateoSonaoSound ScreenoThe Original Sound ConditioneroUnplug by YogabedoWhishoYogababyoYogabedoYogageloYogahomeoYogapetoZohne•There are no trademark restrictions with Marpac trademarks on Ask, Find What, Facebook, and other pay-per-click search engines.•Affiliates MAY NOT use www.marpac.com in the display URL at any PPC search engine or various content network sections. Alternative spellings of our domain name are also not permitted, including but not limited to www.marpacyogabed.com, www.yogabed.com, www.marpacusa.net, etc. See direct linking policy below for additional information.•Affiliates are permitted to use Marpac LLC’s trademarks in the URL to the right of the domain in the display URL. Example: www.yoursite.com/marpac.com.•Affiliates may not include "Official Site" or make representations that your advertisement is from Marpac LLC•Affiliates may not bid on trademark + "term" on Google and Bing/Yahoo. Example: Marpac LLC reviews, Marpac LLC discounts, etc.•You may bid on manufacturer specific terms, although some manufacturers have blocked the use of their terms on various search engines without prior permission.•Marpac LLC terms include all of the following and any potential misspellings not shown here:owww.marpac.comomarpac.comowww.marpacomarpac.net3. Direct to Merchant / Landing Pages•Direct-to-merchant linking is not permitted on Google and Yahoo/Bing. Affiliates may not use our URL in the display URL on any PPC advertisement.•Domain misspellings are not allowed in the display URL on any advertisement including but not limited to www.marpacusa.com, www.marpac.net, www.marpacyogabed.com, etc.•Affiliates bidding on Marpac LLC trademarks may not use a landing page that includes advertisements for competitors. Example: If an affiliate bids on the term "marpac.com". The landing page must be entirely dedicated to Marpac LLC and may not have competitor offers on the same page.4. Geo-Targeting and Dayparting•Geo-Targeting is allowed on all search engines as long as policies regarding display URL, competitor terms and trademarks are followed.•Dayparting is allowed on all search engines as long as policies regarding display URL, competitor terms and trademarks are followed.•Using geo-targeting and dayparting to avoid enforcement of the Marpac LLC PPC Policy is strictly prohibited and grounds for immediate removal and reversal of all commissions up to 30 days prior to the date of the PPC violation.•International geo-targeting is allowed as long as the advertisement is truthful in the Marpac LLC international policies. Example: International affiliates may not mention free shipping on international orders, taxes are not included, etc.•International affiliates may not use a Marpac LLC display URL on any search engine, including but not limited to www.marpac.com, www.marpac.co.uk, www.marpac.ca and any related misspellings.5. Ad Copy Restrictions•Truth in advertising: Affiliates are required to be truthful about any advertisement representing Marpac LLC, including information surrounding discounts and special offers.•Do not represent your advertisement as an official or endorsed Marpac LLC advertisement or site.6. Exclusions, Penalties and Notifications•Marpac LLC reserves the right to exclude any or all of our PPC policy for individual affiliates at our sole discretion.•Excluded affiliates are required to agree via signed contract to any exclusion permitted herein. Do not assume exclusion via verbal or written communication.•Affiliates receive one warning and are given 48 business hours to comply with any PPC violations. A second violation will result in termination of the affiliate relationship and may be cause for reversal of past commissions earned up to 30 days prior to the second violation. See below exceptions to this policy.•Affiliates found using geo-targeting or dayparting features on search engines to avoid enforcement of the Marpac LLC PPC Policy will be immediately removed from the Marpac LLC affiliate program, have all commissions reversed up to 30 days prior to the violation date and be immediately reported to the Affiliate Network for investigation.•Affiliates found in breach of the PPC Policy and Terms of Service regarding competitor terms will be immediately removed from the program, have all commissions reversed up to 30 days and be subject to a $5,000 penalty.•From time to time, Marpac LLC may review the PPC policy for changes in the way search engines operate or changes in Marpac LLC’s philosophy. Any changes made to the PPC Policy will be announced via the Marpac LLC affiliate newsletter and posted on the Marpac LLC website. Affiliates are given no less than 7 business days to comply with any new PPC terms before a first violation is cited on the affiliate's account.Reporting ViolationsViolations of the Marpac LLC PPC Policy may be reported to hello@marpac.com. Please have all applicable proof in your email, including but not limited to screenshots of the ad, geographical location of the ad, URL/network tracking information and the search engine where the ad was found. 8.3 Coupon and Promotional Code GuidelinesCoupons and Promotional Codes Terms and Conditions: If you are enrolled in our Program and your Website promotes coupon codes, you must adhere to our Coupon Guidelines as follows. **We reserve the right to deny payment of commissions if these guidelines are not followed.** -Publishers may only use coupons and promotional codes that have been provided to them exclusively through the affiliate program and are currently active in the network. -Publishers may not advertise coupon codes obtained from our non-affiliate advertising, customer e-mails, paid search, or any other campaign. -Coupons must be displayed in their entirety with the full offer, valid expiration date and code. You may not use expired offers or present offers that do not exist or are not affiliate offers.8.4. Affiliate shall not transmit any so-called “interstitials,” “Parasiteware™,” “Parasitic Marketing,” “Shopping Assistance Application,” “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 Marpac, LLC’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 Merchant site in IFrames, hidden links and automatic pop ups that open Marpac, LLC’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 Affiliate banners with any other banners, other than those that are on web sites 100% owned by the owner of the application.9. Grant of Licenses9.1. 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 Marpac, LLC's Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of Marpac, LLC and the good will associated therewith will inure to the sole benefit of Marpac, LLC.9.2. 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.10. DisclaimerMARPAC, LLC MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING MARPAC, LLC SERVICE AND WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF MARPAC, LLC 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.11. Representations and WarrantiesYou represent and warrant that:11.1. 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;11.2. 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;11.3. You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.12. Limitations of LiabilityWE WILL NOT BE LIABLE TO YOU WITH RESPECT TO 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 MARPAC, LLC'S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.13. IndemnificationYou hereby agree to indemnify and hold harmless Marpac, LLC, and 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 right 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.14. ConfidentialityAll 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, and 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.15. Miscellaneous15.1. 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 Marpac, LLC. 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.15.2. 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.15.3. This Agreement shall be governed by and interpreted in accordance with the laws of the State of North Carolina without regard to the conflicts of laws and principles thereof.15.4. You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.15.5. This Agreement represents the entire agreement between us and you and shall supersede all prior agreements and communications of the parties, oral or written.15.6. 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.15.7. 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 intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect. Updated 04/29/2026