This Affiliate Marketing Program Agreement (the "Agreement") contains the terms and conditions that apply to your participation in the YogaRenew, LLC Affiliate Marketing Program (the "Program").Please read this Agreement carefully. By clicking "I accept" or by participating in the Program, you represent that you ("Affiliate" or "you" or "your") have read, fully understand and agree to the terms of this Agreement with YogaRenew, LLC, doing business as YogaRenew Teacher Training, ("YogaRenew" or "we" or "us" or "our"). In addition, if this Agreement is being executed on behalf of a legal entity, you represent and warrant that you are authorized to legally bind that entity to this Agreement. YogaRenew reserves the right to update and change the terms of service from time to time. Any features that augment or enhance the current use of the Program, including the release of new tools and resources, shall be subject to this Agreement. Violation of any of the terms may result in the termination of your account and forfeiture of any outstanding affiliate commission payments earned during the violation, in addition to any other legal or equitable rights or remedies the YogaRenew may have.1.WEBSITE RESTRICTIONSYour participating website(s) (“Your Website”) may not:a.Infringe on our or any anyone else's intellectual property, publicity, privacy or other rights.b.Violate any law, rule or regulation.c.Contain any content that is threatening, harassing, defamatory, obscene, harmful to minors, or contain nudity, pornography or sexually explicit materials.d.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.Your Website will follow all applicable data privacy laws and you will make your compliance available to us for audit promptly upon request. 2.LINKS, GRAPHICS AND TRADEMARKED MATERIAL During the term that this Agreement is in effect, Affiliates of the Program are able to use YogaRenew logos, graphics, banners, links or other materials necessary in the facilitation of your affiliate marketing (“Program Materials”), in compliance with any requirements provided by YogaRenew. YogaRenew may terminate this license at any time by providing you with notice of such termination. Your license terminates immediately upon termination or suspension of this Agreement. 3.INTELLECTUAL PROPERTYYogaRenew retains all right, title, ownership, and interest in the Promotional Materials and intellectual property, including any and all copyright, trademark, or other intellectual property rights therein. Nothing in this Agreement shall be construed to grant you any right, title or ownership in the Promotional Materials, or in the underlying intellectual property, other than the right to use the Promotional Materials in accordance with the License, as set forth in Section 8. You will not take any action to disassemble, reverse engineer, sell, license, transfer, rent or otherwise access of use the YogaRenew Website. 4.REFERRAL FEES/AFFILIATE COMMISSIONS AND PAYMENTUpon acceptance into the Program, you will be eligible to receive an affiliate commission (the "Commission") for the successful completion of Eligible Purchases. An "Eligible Purchase" occurs when a customer (not you) clicks-through the link (supplied by YogaRenew, LLC to you) to the YogaRenew website (“YogaRenew Website”) and successfully completes a purchase for which YogaRenew, LLC receives and retains payment. An “Eligible Purchase” only occurs if you are the last affiliate which links to the YogaRenew Website. The current rate of commission will be defined within the affiliate platform. 5.DISCLAIMERYOU ACKNOWLEDGE THAT YOU HAVE NOT RELIED ON ANY WARRANTIES RELATED TO THE PROGRAM OTHER THAN THE EXPRESS STATEMENTS IN THIS AGREEMENT. UNDER NO CIRCUMSTANCES SHALL YOGARENEW BE LIABLE TO YOU UNDER THESE TERMS, UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY, FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES RELATED TO THE PROGRAM (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR PROFITS OR LOST BUSINESS AND INCLUDING COSTS ASSOCIATED WITH THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL YOGARENEW’S LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR RELATED TO THE PROGRAM OR 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. YOGARENEW, DOES NOT WARRANT OR GUARANTEE ANY RESULTS OF PARTICIPATION IN THE PROGRAM. ALL PRODUCTS, PROGRAMS, INTELLECTUAL PROPERTY AND PROMOTIONAL MATERIALS HEREUNDER ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY WHATSOEVER. YOU RECOGNIZE THAT THESE DISCLAIMERS ARE AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENT, WITHOUT WHICH YOGARENEW WOULD NOT HAVE ENTERED INTO THIS AGREEMENT. YOGARENEW DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY (TO THE EXTENT PERMITTED BY LAW), REGARDING THE TRADEMARKS, PRODUCTS, PROGRAMS, INTELLECTUAL PROPERTY AND PROMOTIONAL MATERIALS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING, WITHOUT LIMITATION, STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE, OR PERFORMANCE OF THE TRADEMARKS, PRODUCTS, PROGRAMS AND PROMOTIONAL MATERIALS SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF YOGARENEW WHATSOEVER. YOGARENEW MAKES NO WARRANTY OF ANY KIND RELATED TO THE SHAREASALE NETWORK. 6.INDEMNIFICATIONYOU SHALL INDEMNIFY AND HOLD HARMLESS YOGARENEW FROM ANY CLAIM, DAMAGE, LAWSUIT, ACTION, COMPLAINT, OR OTHER COSTS ARISING OUT OF ANY WRONGFUL ACT RELATED IN ANY WAY TO YOUR PARTICIPATION IN THE PROGRAM OR YOUR BREACH OF THIS AGREEMENT. YOU SHALL ALSO INDEMNIFY AND HOLD HARMLESS YOGARENEW FROM ANY DAMAGE, LOSS OR OTHER COST ARISING OUT OF THE USE OR MISUSE BY YOU OF THE TRADEMARKS, PRODUCTS, PROGRAMS, INTELLECTUAL PROPERTY OR PROMOTIONAL MATERIALS.7.CONFIDENTIALITYAny information that you are exposed to by virtue of your participation in the Program, which information is not available to the general public, shall be considered to be "Confidential Information." You may not disclose any Confidential Information to any person or entity, except where compelled by law, unless you obtain prior written consent for such disclosure from YogaRenew, LLC. You shall not use any Confidential Information except to the extent necessary to fulfill the purposes of this Agreement.8.TERMINATIONYour participation in the Program shall begin upon your acceptance as an affiliate by YogaRenew and shall end when terminated by either party. Either party may terminate such status at any time, with or without cause. Upon termination, all licenses granted to you pursuant to the Program shall cease and you shall immediately remove all codes and links, references on Your Website regarding YogaRenew, and cease any and all use of Promotional Materials, Trademarks, programs, intellectual property or any other trade or service marks, trade names or any other items received through or used in connection with such Program. 9.MODIFICATIONWe may modify these terms and conditions at any time, at our sole discretion. If you disagree with any modification, your only recourse is to terminate this Agreement. You agree that, if you continue to participate in the Program following a posted modification, your continued participation constitutes binding acceptance of the modified term.10.SOCIAL MEDIAPromotion on Facebook, Twitter, and other social media platforms is permitted following these general guidelines:1. You ARE allowed to promote offers that YogaRenew provides to you to your own lists; more specifically, you’re welcome to use your affiliate links on your own Facebook, Twitter, etc. pages. For example, should YogaRenew provide you with a 25% discount code: You may post, “25% off sale at YogaRenew, LLC through Wednesday with code YOGARENEW25.”2. You are PROHIBITED from posting your affiliate links on YogaRenew, LLC’s Facebook, Twitter, Pinterest, YouTube, etc. company pages in an attempt to turn those links into affiliate sales.11.NON-CIRCUMVENTIONYou may not take any steps to circumvent sales to YogaRenew. In furtherance of the foregoing, and not in limitation thereof, you may not create alternate sites which mimic or otherwise are similar to the YogaRenew Website, such as www.yogarenew1.com or anything similar. You may not create any competitive website with YogaRenew. This Section 11 shall survive any termination of this Agreement. 12.GENERAL TERMS1. You must be a human. Accounts registered by “bots” or other automated methods are not permitted. 2. You are responsible for all content posted and activity that occurs under your account. 3. You may not use the Program to earn money for your own personal products or services purchased from YogaRenew. 4. Existing SEO backlinks which are 'Follow' links shall not be replaced with affiliate links on any articles, blogs, or webpages.5. Chargebacks: Commissions can be cancelled or shall be returned if: (a) a purchase or other compensated action is incomplete; (b) if a customer has cancelled or returned a purchase; or (c) if an action has been made fraudulently or in an otherwise non-bona fide manner. YogaRenew may retain offset any amount due you to recover such amounts that have previously been paid.6. You will not buy or bid on any yogarenewteachertraining.com or yogarenew.com trademarked or used key-phrases on any pay-for-placement search engines or other paid inclusion programs. Such prohibitions include, but are not limited to, YogaRenew, YogaRenew Teacher Training, YogaRenew 7. You will not use spyware, adware, malware, toolbars or any other form of parasitic or stealth software.8. You will not engage in spamming, indiscriminate advertising or unsolicited commercial emailing.9. You will not engage in cybersquatting or typo squatting.10. If accepted you agree not to use the phrase "YogaRenew," "YogaRenew Teacher Training," "Renew Yoga," or any misspellings or variations in your domain name(s).11. Sections 3, 5, 6, 7, 11 and 12 shall survive any termination of this Agreement.
