I AM BEYOND, LLC dba Beyond Yoga

I AM BEYOND, LLC dba Beyond Yoga

Program Terms

AFFILIATE PROGRAM AGREEMENT Updated 10/20/2023Thank you for your interest in the Beyond Yoga Affiliate Program (the “Affiliate Program”). This agreement (“the Agreement”) is made by and between I am Beyond LLC dba Beyond Yoga (hereinafter “Company”) and the affiliate whose information has been provided (hereinafter “Affiliate”) and will be deemed effective on the date the Affiliate clicks “I Agree” below. Please 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 BEYOND YOGA and our website; (ii) “you” or “your” refers to the Affiliate; (iii) “our website” refers to the BEYOND YOGA properties located at www.beyondyoga.com; (iv) “your website” refers to any websites that you will link to our website; (v) “Program” refers to the BEYOND YOGA 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. OVERVIEWA)This Agreement may be executed online by submitting the applicable information and clicking the button stating “I Agree.” Clicking said button has the same force and effect as signing the Agreement by hand. Affiliate should not click the “I Agree” button unless Affiliate has read, understood and agreed to every provision in this Agreement and its attachments, schedules and exhibits, including without limitation the Terms of Service (Schedule A) and BEYOND YOGA Affiliate Terms & Conditions attached hereto (Schedule B).B)Affiliate acknowledges that Affiliate will not be able to participate in the Affiliate Program unless and until Affiliate is invited by Company or Company accepts Affiliate’s application. Company may reject an application if it is determined (in Company’s sole discretion) that Affiliate’s website is unsuitable for the Affiliate Program or for any other reason in Company’s discretion. If Company accepts an application and Affiliate’s website is thereafter determined (in Company’s sole discretion) to be unsuitable for the Affiliate Program, Company may terminate this Agreement.C)It is the goal of Company to uphold the highest possible ethical standards. This goal applies to Company’s relationship with its Affiliates as well as its relationship between Affiliates and the public. The Terms of Service attached hereto as Schedule A were created to set a minimum threshold, but they are no substitute for Affiliate’s own investigation of the law as well as Affiliate’s own sense of what is right and wrong. If there is ever any doubt, Affiliates should err on the side of not taking the questionable action. Affiliates are asked to go above and beyond the requirements of this Agreement and the Terms of Service to ensure that they maintain the highest level of integrity. Company is proud of the hardworking, honest and dedicated Affiliates that serve on behalf of Company.1.NON-EXCLUSIVE INDEPENDENT CONTRACTOR RELATIONSHIPThis is a non-exclusive independent contractor agreement. Affiliate is free to work (as an employee, agent, independent contractor or owner) for any other company or individual. Company welcomes competition, and does not object or in any way restrict your ability to market for any other company, including a competitor, so long as Affiliate observes the terms of this Agreement, including the non-disclosure and non-solicitation provisions. Affiliate acknowledges that Company may work with other affiliates.2.LEAD GENERATION AND MARKETINGa.Once accepted to the Affiliate Program, Affiliates are compensated for generating leads and purchases of Company’s products and services through the Company’s websites, including beyondyoga.com (the “Company Websites”) by incorporating “Links” into the Affiliate’s sites or offers that are associated with their unique Affiliate campaign ID. “Links” include the graphic and textual links, hyperlinks, lead capture forms, swipe files, text ads, and banner ads linked to Company’s Websites that Company will make available to the Affiliate directly or through other means such as the Affiliate Program webpage, dashboard or app (the “Affiliate Page”). All Links are tracked by placing a cookie or other tracking technology on the user’s web browser. b.It is the sole responsibility of the Affiliate to properly implement, test and fix (if necessary) Links on its sites or offers. It is not the responsibility or liability of Company to ensure that Links are working correctly. If the Affiliate does not properly implement the Links, the Affiliate will not be able to generate leads or purchases for Company.c.All Links may be modified and/or expanded from time to time throughout the term of this Agreement pursuant to the mutual agreement of the parties hereto. Affiliate is not allowed to post any refunds, credits or discounts, or other content concerning Company, unless Company has given its written permission in each instance. Affiliates may only use coupons, rebates, incentives and discounts that are provided exclusively through the Affiliate Program using banners and links. Any violations of the terms surrounding links, coupons, rebates, incentives, credits or discounts shall constitute a material breach of this Agreement, and may result in termination from the Affiliate Program or withholding of Commissions.d.Affiliate acknowledges that, by participating in the Affiliate Program and placing any of the Links within offers or sites, Company may receive information from or about visitors to Affiliate’s site. Affiliate’s participation in Affiliate Program constitutes specific and unconditional consent and authorization for Company to access, receipt, storage, use, and disclosure of any and all such information, consistent with the policies and procedures set forth in the Company Privacy Policy.e.The Affiliate consents to the Company monitoring the Affiliate’s sites or offers to determine continued compliance with this Agreement.3.TRADEMARKS AND COPYRIGHTSa.In addition to and/or as part of the Links, Company will make available to the Affiliate certain trademarks, slogans, images, and advertising materials owned by Company (“Company IP”). The Affiliate will have a non-exclusive, limited term license to use the Company IP solely with their efforts hereunder and solely in accordance with the terms of this Agreement. Affiliate may only use Company IP provided to Affiliate or expressly made available to Affiliate for the purposes hereunder through the Affiliate Page. Affiliate may make no other use of the Company IP or of any domain names, social media handles or trademarks using words that are identical, similar or related to the Company IP. Company retains any and all rights in and to the Company IP, including any goodwill earned through Affiliate’s activities.b.The Affiliate agrees not to take any action that is contrary to or inconsistent with the Company’s rights to the Company IP. The Affiliate will not use the Company IP in any way that is damaging, defamatory, disparaging, derogatory, or negative to the Company or that paints the Company in a false or negative light. c.The Company may revoke the limited license to the Company IP granted hereunder at any time in writing to the Affiliate. Upon termination or revocation, the Affiliate agrees to immediately cease from any use of Company IP. In addition, all licenses, grants and rights created by this section of the Agreement shall immediately terminate upon termination of the Affiliate's participation in the Affiliate Program. At such time, Affiliate is required to immediately remove from Affiliate's website, offers and marketing materials all references to Company, all Company materials and all Company IP.4.ORDER PROCESSINGCompany will process orders placed by Referred Customers (defined below) who follow the Links from Affiliate materials to any of the Company Websites. Company reserves the right, in its sole discretion, to reject orders that do not comply with certain requirements that it may establish from time to time. All aspects of order processing and fulfillment, including cancellation, processing, refunds and payment processing will be Company’s responsibility. Company will track the Qualified Purchases (as defined below) generated by Affiliate’s activities in order to determine Affiliate’s compensation. To permit accurate tracking, reporting, and Commission accrual, Affiliate must ensure that the Links between its website and the Company Websites are properly formatted.5.COMPENSATIONa.Subject to the terms of this Agreement, Company will pay Affiliate the Commission on each Qualified Purchase by a Referred Customer which occurs during the month for which such Commission is being calculated. b.The “Commission” shall be that commission described in the offer made by Company either directly to Affiliate or through other means such as the Affiliate Program webpage, dashboard or app.c.“Qualified Purchases” are only those purchases that are tracked through the Affiliate campaign ID (as embedded in a Link) and indicate the Affiliate’s campaign ID as the source of the purchase. Any purchases that are later returned or refunded shall not be deemed Qualified Purchases.d.“Referred Customer” means each new and unique customer referred from Affiliate through a Link. e.The Company reserves the right to change and amend the Commission rate structure at any time, in the Company’s sole discretion with proper notice to the Affiliate.f.The Company will pay Commission only upon collection of funds by the Referred Customer for said purchase. Commissions will be processed approximately 15 to 30 days after the end of the month in which they accrued. The Company does not guarantee an exact date of calculations for Commissions or payments. g.All payments will be made electronically via a third party payment processor.6.IMPERMISSIBLE MARKETING TECHNIQUESAffiliates are expected to act at all times with the highest level of integrity. Violations of this Agreement or the Terms of Service are not permitted, nor are violations of the rules, laws and regulations applicable to Affiliate. Affiliate is expressly prohibited from using sites or offers containing content that is not acceptable to Company or is inconsistent with the image of the Company, or sites or offers containing any illegal, immoral, repulsive, defamatory, derogatory, harassing, harmful, threatening, obscene, vulgar, pornographic, racial or ethnic objectionable materials, depicting sexual situations, promoting discrimination on the basis of race, sex, sexual preference, national origin, ethnicity, nationality, disability, religious preference, or containing any material that appears to the Company to violate any patent, trademark, copyright, trade secret, confidential information, or other property rights of any other party. Affiliate may not violate the terms of service of any third party site such as Facebook, Instagram or Twitter. Affiliate may not offer any contests or sweepstakes related to Company without Company’s prior written approval. 7.CORRECTIVE ACTIONSIn the event that Company learns of a possible violation of the terms of this Agreement or Terms of Service by Affiliate, Company may initiate an investigation. Company’s determination regarding this investigation will be final and binding on Affiliate. An investigation may be initiated as the result of an external complaint or Company’s internal monitoring procedures. Affiliate agrees to cooperate fully with any such investigation and to abide by the findings. Affiliate acknowledges that Company may take whatever corrective actions it deems fit, including: 1) recommending changes to the Affiliate’s marketing materials, 2) adjusting, withholding or canceling Commissions or Commission rates, 3) suspending Affiliate; or 4) termination of the Affiliate’s relationship with Company. 8.APPROVAL OR REMOVAL OF AFFILIATEThe Company reserves the right to approve, disapprove or remove ANY Affiliate at any time in its sole and absolute discretion. The proposed Affiliate will have no legal recourse against the Company for removal from the Affiliate Program. Without limiting the foregoing, Affiliates who have generated no revenue for six months will be considered inactive and may, at Company’s discretion, be removed from the Affiliate Program. After six months with no revenue, an Affiliate’s relationship with Company shall automatically terminate and Affiliate shall no longer be a member of the Affiliate Program. In addition, an Affiliate may be immediately terminated if found to have violated the terms of this Agreement or the Terms of Service. Affiliate agrees that any person logging into Company's system by using the Affiliate’s password is authorized to do so by Affiliate and that Affiliate will be responsible for the actions of any such person regardless of whether or not they exceed their authority.9.FINANCIAL RESPONSIBILITIESThe Affiliate will be fully responsible for all costs and expenses of maintaining and marketing their sites and offers for the Affiliate Program, including but not limited to all costs associated with the creations, hosting, modification, and improvements to the Affiliate’s sites and offers, costs of search engine placement and other internet marketing, costs of marketing the Company into its sites, off line marketing costs, postage costs, and all other costs and expenses, and the Affiliate hereby holds the Company harmless for or against the same.10.NO REPRESENTATIONS REGARDING INCOME POTENTIALThe Company makes no representations and warranties regarding potential income that may result from participation in this Affiliate Program and specifically disclaims any and all warranties relative to earning potential from the Affiliate’s campaigns and offers.11.ANTI- SPAM POLICYAffiliate shall not create, publish, transmit or distribute, under any circumstances, any bulk electronic mail messages (also known as "SPAM") without prior written consent from Company for each and every day when any bulk mailing will occur. Company, in its sole discretion, reserves the right to reject each and every e-mail mailing. Additionally, Affiliates may only send e-mails containing a Company Link and/or a message regarding Company or the Affiliate Program to person(s) who have been previously contacted and whom consented to the fact that the Affiliate will be sending an e-mail containing Company information or information about the Affiliate Program. Failure by an Affiliate to abide by this section, CAN-SPAM Act of 2003 or Company’s Anti-Spam Policy, in any manner, will be deemed a material breach of this Agreement and foreclose any and all rights the Affiliate may have to any Commissions. 12.CUSTOMER SERVICEThe Company will be responsible for handling all Referred Customer inquiries, purchases, billing, collection, and product shipments. Pricing of the Company’s products and services is totally within the Company’s discretion and the Company reserves the right to change the pricing structure, terminate any special offers, discontinue products or services, or change the terms under which products or services are offered at any time, without any advanced notice to the Affiliate or users accessing the Company’s site. 13.REPRESENTATIONS AND WARRANTIESThe Affiliate hereby represents and warrants to the Company that (a) Affiliate has the complete power and authority to enter into this Agreement and that this Agreement constitutes a valid and legally enforceable agreement; (b) the entry of this Agreement has been duly and validly authorized by all necessary corporate or other organizational actions and approvals; (c) the Affiliate’s entry of this Agreement is not prohibited by the terms of any document, not contrary to any law, rule or regulations, and is not in violation of any court or administrative order; (d) Affiliate will at all times comply with the terms of this Agreement, the Terms of Service, and all applicable laws, rules and regulations; and (e) each Referred Customer and each Qualifying Purchase referred or submitted by Affiliate to Company, is or will be valid, genuine, unique and not fraudulent and meets the criteria for generating a Commission as provided in this Agreement.14.TERMa.The effectiveness of this Agreement shall not commence until the Affiliate is accepted by the Company into the Affiliate Program (or, if invited, the date the Affiliate submits the required information). The effectiveness hereof and binding effect shall occur upon the acceptance of the Affiliate into the Affiliate Program. This agreement shall remain in full force and effect until terminated by the Affiliate or by the Company.b.Either the Company or the Affiliate may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination in compliance with the Agreement. Notices sent hereunder shall be via e-mail to the Affiliate at the e-mail address provided by Affiliate. Any and all notices to the Affiliate via e-mails at such address shall be deemed to be effective notice to the Affiliate for all purposes.15.TERMINATIONThe Affiliate will forfeit all right to receive past Commissions that may have accrued to the Affiliate if this Agreement is terminated as a result of the Affiliate’s failure to comply with the terms of this Agreement, the Terms of Service, or any policies and procedure of the Affiliate Program that may be established and amended by the Company in its discretion from time to time. If this Agreement is terminated for any other reason, the Affiliate will have a right to receive its accrued Commissions through the effective date of termination. The Company has the right to withhold final Commission payments for sufficient time in order to assure that the amount paid to the Affiliate is accurate and not subject to later adjustment for returns or any other reason. If following final payment the Company determines that the amount of Commissions that the Affiliate was paid were too high, as a result of subsequent returns or any other adjustment or reason, the Company shall have all legal right to receive a refund of such overpaid Commission from the Affiliate.16.MODIFICATIONSThe Company reserves the right in its sole and absolute discretion, to modify any terms and conditions of the Affiliate Program and the terms and conditions of this Agreement upon notice to the Affiliate. Notice of any changes may be given via e-mail to the Affiliate, by posting the modifications on the Affiliate Page, or by requiring Affiliate to click on a button agreeing to a modification during the process of logging in to Company’s system (which shall have the same force and effect as a hand signature). By referring any Referred Customers, the Affiliate will be deemed to have accepted any such modifications. 17.LIABILITIESa.THE COMPANY HEREBY DISCLAIMS ANY AND ALL WARRANTIES AND LIABILITY RELATED TO ANY DOWNTIME OR FAILURE FOR USERS TO BE ABLE TO ACCESS ITS WEBSITE OR TO ACCESS ITS WEBSITE USING THE LINK FROM THE RECIPIENT’S WEBSITE. FURTHERMORE, THE COMPANY SHALL NOT BE RESPONSIBLE FOR AND HEREBY DISCLAIMS ANY AND ALL WARRANTIES RELATED TO ITS WEBSITE, THE AFFILIATE PROGRAM, THE AFFILIATE PARTICIPATION IN THE AFFILIATE PROGRAM, THE AFFILIATE’S ABILITY TO MAKE ANY COMMISSIONS OR OTHERWISE PROFIT THROUGH PARTICIPATION IN THIS AFFILIATE PROGRAM, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF FITNESS FOR ANY PARTICULAR PURPOSE OR MERCHANTABILITY, NON- INFRINGEMENT, OR ANY CLAIM MADE BASED UPON THE COMPANY’S COURSE OF DEALING OR USAGE OF TRADE. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT ITS WEBSITE OR ANY APPLICATION, INCLUDING BUT NOT LIMITED TO ITS AFFILIATE’S CAMPAIGN ID TRACKING FEATURES, WILL BE ERROR FREE OR THAT THEY WILL FUNCTION WITHOUT INTERRUPTION.b.THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY DIRECT OR INDIRECT DAMAGES OR LIABILITIES OF ANY NATURE, INCLUDING BUT NOT LIMITED TO INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES, LOST PROFITS, LOST BUSINESS OPPORTUNITY OR ANY OTHER DAMAGES; REGARDLESS OF WHETHER THE COMPANY WAS OR HAS BEEN ADVISED OF THE POSSIBILITY OF THE CLAIM AND/OR DAMAGES AND TOOK NO ACTION TO PREVENT SAME.c.Without limiting the forgoing, the Company’s total liability for any damages arising hereunder shall never exceed the total Commission paid and payable by the Company to the Affiliate in the twelve (12) months preceding the date the liability arose.18.CONFIDENTIALITYEach of the parties here to agrees that all non-public information of each party including, without limitation, the terms of this Agreement, business and financial information, vendor lists, and pricing and sales information, shall remain strictly confidential and shall not be utilized or disclosed for any purpose outside the terms of this Agreement except and solely to the extent that any such information is (a) already lawfully known to or independently developed by the receiving party, (b) disclosed in published materials, (c) generally known to the public, or (d) lawfully obtained from any third party any obligation of confidentiality to the discloser hereunder. Notwithstanding the foregoing, each party is hereby authorized to deliver the copy of any such information (i) to any person pursuant to a valid subpoena or order issued by any court or administrative agency of competent jurisdiction, (ii) to its accountants, attorneys, or other agents on a confidential basis, and (iii) otherwise as required by applicable law, rule, regulation, or legal process.19.INDEMNIFICATION AND WARRANTIESThe Affiliate hereby agrees to defend, indemnify and hold the Company, and all of its stockholders, officers, directors, employees, contractors, agents, successors and assigns harmless from and against any and all claims, liabilities, damages, actions, causes of action, suits, threats, demand, settlements, including all costs and attorney fees related thereto, that the Company may incur arising in whole or in part from Affiliate’s breach of this Agreement, or Affiliate’s representations and warranties hereunder, or otherwise from the content of the Affiliate’s sites or offers.20.AGREEMENT TO PERSONAL JURISDICTIONAffiliate agrees to personal jurisdiction in the State of California and the United States as to any claims relating to this Agreement and/or arising from Affiliate’s participation in the Affiliate Program (or related claims).21.GOVERNING LAWThis Agreement shall be interpreted under the laws of the State of California. Any and all legal actions relative hereto shall be in the courts located in Los Angeles, California applicable to contracts made and fully performed therein and such courts shall have exclusive jurisdiction of all suits and proceedings arising out of or in connection with this agreement. Both parties hereby submit to the jurisdiction of said courts for purposes of any such suit or proceeding, and waive any claim that any such forum is an inconvenient forum.22.NOTICESNotices to the Company shall be by certified mail, return receipt requested addressed to the address contained in this Agreement, or such other address that the Company provides notice of to the Affiliate via e-mail or by posting the same on the Affiliate Page. Notices to the Affiliate shall be by e-mail addressed to the e-mail address that the Affiliate provided to the Company or by posting such notices on the Affiliate Page. It shall be the Affiliate’s responsibility to check the Affiliate Page periodically to monitor all notices set forth thereon.23.ASSIGNMENTThis Agreement is only for the benefit of the Affiliate. The Affiliate shall not have the right to assign this Agreement or any benefits or obligation hereunder to any party or legal entity. Any attempted assignment shall be void.24.ENTIRE AGREEMENTThis Agreement (including its schedules, attachments and exhibits) sets forth the entire agreement and understanding between the parties with respect to the subject matter hereof and supersedes any and all prior discussions, understandings, agreements, representations, warranties or covenants between the parties related to the subject matter hereof. This Agreement may only be amended by a writing signed by authorized representative of each of the parties, except as otherwise set forth herein. Any waiver of a breach or default under this Agreement shall not constitute a waiver of any subsequent or other breach or default and shall not serve to modify the agreements set forth herein.If any provision or term of this Agreement is held to be invalid for any reason, it shall not affect the enforceability of the remainder of this Agreement or any other term or condition of this Agreement.?SCHEDULE ATERMS OF SERVICE1.Slanderous Promotion: Affiliate cannot slander, smear, defame or disparage any competitors, company or individual entity to market Company; there is a zero tolerance policy on this type of behavior and if Affiliate is caught and does not correct their behavior they may be immediately and permanently removed from the Affiliate Program and past Commission payments will be reclaimed. Affiliates are prohibited from using slanderous words or words that are meant to mislead the customer into thinking the affiliate site or company is the same as Company in ad copy when referring to Company, our products, our services and our competitors. 2.Domain Names: All domain names used by Affiliates in connection with the Affiliate Program must be registered in the name of the Affiliate. Anonymous registrations are not allowed. Use of any of our trademarked terms as part of the domain or sub-domain for your website is strictly prohibited i.e. beyondyoga.website.com or www.beyondyoga-coupons.com. 3.Forbidden Promotions: Affiliates must not make any statements that are false or misleading, or otherwise violate any law or regulation applicable to them in connection with their services under this Agreement. A non-exclusive list of forbidden practices is: i. any statement of fact that is false or misleading; ii. any statement of opinion that you do not truly believe and that is not supported by fact; iii. any false persona, including false statements about your background or pictures that purport to be you or someone affiliated with the site which are in fact of someone else; iv. any links that send the lead to an unexpected destination such as links containing one company’s name, logo or trademark that send the lead to another company or individual; v. promises, representations or predictions that you are not authorized to make; and vi. false statements about your background, motivation or qualifications.4.Identity Confusion: Affiliates must not design websites, promotions, or emails which create the impression that they have been created by Company or are in any way endorsed by us. Affiliates must not represent themselves as us, or cause identity confusion by making websites or promotions that look like us. The aforementioned applies to competitors, companies and individual entities. Affiliate cannot use or cause to be used any competitor’s name in their text ads, banner ads and or display ads promoting Company. If an affiliate is using paid advertising to promote Company on a search engine they are absolutely forbidden to use dynamic keyword insertion in ad copy when bidding on key terms. If you are caught using a competitor’s name in text ads, banner ads or display ads you could face permanent removal from the Company affiliate program and have all past Commissions recalled. 5.Celebrity Endorsements: Affiliates are forbidden to use the image and likeness of celebrity endorsements for Company without Company’s prior, written approval. Affiliates must not use the aforementioned in display ads, text ads and or any type of marketing or promotional material for Company whether it be online or offline. 6.Lead Generation: Affiliates generating leads for Company must carefully qualify and confirm that potential leads are actually interested in the goods and services of Company It is forbidden to purchase lists and funnel them to Company without first qualifying and confirming the potentials leads interest in the goods and services of Company. If you are caught funneling purchased lists to Company and or not qualifying potential leads interest; your account will be immediately disabled and all un-contacted leads in your Affiliate account will be deleted. We understand that not all leads directed to Company are going to be properly qualified and the above action only applies to an Affiliate who has a pattern in practice of sending unqualified leads to Company. If you are not qualifying leads properly Company will notify you and will give you the opportunity to correct your behavior. Company takes unqualified leads very seriously and has a zero tolerance policy for this type of behavior.7.Disclosure Needed: All websites/blogs used in connection with the Affiliate Program must contain proper disclosures required under the FTC Endorsement Guidelines.?SCHEDULE BWEBSITE 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 BEYOND YOGA 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 BEYOND YOGA website without written approval from BEYOND YOGA.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 RULEBEYOND YOGA 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. BEYOND YOGA 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 BEYOND YOGA 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: BEYOND YOGACOUPON 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 BEYOND YOGA 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 BEYOND YOGA 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 BEYOND YOGA 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.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 BEYOND YOGA through Wednesday with code BEYOND YOGA25.” 2.You ARE PROHIBITED from posting your affiliate links on BEYOND YOGA 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 BEYOND YOGA trademarked company name.4.You ARE PROHIBITED from creating a social media account that includes BEYOND YOGA 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 POLICYBEYOND YOGA 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.© 2023 BEYOND YOGA & Acceleration Partners LLC