Affiliate Program Agreement
This Affiliate Program Policy is a part of our guidelines and policies relating to the use of the Yogasana Trademarks, where the Yogasana Terms of Service shall govern your relationship with Yogasana with respect to any issue not specifically referred to in these policies, as well as the Yogasana Trademarks Guidelines and other legal policies as updated by Yogasana from time to time.
Our Affiliate Program (the “Program”) is meant to encourage you to promote our products, to bring us to new audiences and to make sure that you are rewarded for your activity. It does not create any relationship between us apart from independent contractors; you are not our employee nor do we have a partnership: if we approve your participation in this program you are an independent contractor.
This means you should pay all applicable taxes, make sure that you have proper insurance, and not make any statement on our behalf. It also means that we will pay you the sums we agree on specific dates.
Please understand that our liability to you is limited, as stated in our terms of service, and that we are non-exclusive; we can find other affiliates, and you can market other products.
2. Scope of The Relationship
When joining the program, and upon our approval, you will be appointed as a non-exclusive affiliate, and you shall act in order to refer new potential customers to purchase our products and services. As our affiliate, you may not present yourself as a part of Yogasana, and may not create any obligation on behalf of Yogasana.
Your participation is personal, meaning that you cannot have sub-affiliates or share your affiliate fees with anyone else.
You shall invest reasonable time in promoting our products and services, and do it with good quality; if we find that your promotional material is problematic, offensive, illegal or otherwise objectionable, we may terminate your participation in the program.
You represent and warrant that you are able to participate in the program, that you will only act in a legal, bone-fide manner and that you will not infringe on any intellectual property right or act in any deceptive practice when participating in it.
3. Promotional Materials and Intellectual Property
Our License To You. We reserve all our intellectual property rights; and we provide our affiliates a limited, temporary, non-exclusive, non-transferrable, non-sublicensable license to use our trademark, brand name and promotional materials, and such license is limited only to the use in promoting our products and services with our permitted banners. This means that you cannot use our intellectual property with another brand name or as a bundled project. It also means that you cannot allow others to use the content we licensed to you.
You may only use the permitted banners and promotional material that we provide you as a part of our gallery.
All promotional materials must include a link to our website.
Termination. We reserve the right to terminate you affiliation with Yogasana (i.e. your membership in the Program), at any time, by providing you with notice of such termination (to the email account with which you applied to the Program), and with immediate effect, at Yogasana’s sole discretion. When we terminate our relationship, you must cease using all of our intellectual property. This means that all domain you own that have our brand name will be transferred to us.
Don’t Distribute Yogasana On Your Own. As long as you participate in the program, you cannot provide any third party a copy of Yogasana, nor can you create derivative works of it. This is to ensure that all distribution of Yogasana is made only via our official channels and without any backdoors, changes or insertion of malicious code.
Any work you created that uses both or intellectual property and your own (for example, a promotional video that has our logo) must be destroyed or deleted. If you do not wish to do so, please contact us and request our specific consent.
Each affiliate will be provided with a fixed affiliate commission that we will notify in writing. We may change this commission at any time based on our own discretion. Such changes will not be retroactive.
We pay our commission for qualified leads; a qualified lead is a new customer, who subscribed to our platform within 90 days of clicking a permitted banner you placed, and who made a purchase of any of our goods and services; all, provided that we were not introduced to this customer by any other affiliate or that he did not subscribe to our website of his own volition prior to his click.
The commission shall be calculated out of our net revenues from your qualified leads, which means our total revenues, minus taxes, chargebacks, cancellations, bad debt, collection costs, clearing costs and payments made in order to collect the payment.
The means of tracking your qualified leads shall be by placing a banner that includes your tracking tags, pixels and code we provide you.
You agree that our books and records are deemed as accurate, and that our tracking is final.
We pay our affiliates on a monthly basis, when their commissions reach at least US$190. The payment shall be made via PayPal or any other method we agree upon.
You shall bear all taxes and expenses relating to the payment, including any fees which may be incurred by your bank.
You are required by law to provide us with an invoice upon payment.
If we provide a qualified lead with a refund, then we may deduct the commission from your future payment, or request that you return such fees. You also agree that we may offset any sums that you may owe us from any future payments.
Each party shall bear its own expenses, and the commission you are entitled to is the sole payment you receive in relation to your services.
You will hold us harmless and indemnify us from all and any claims, damages, lawsuits, actions, complaints or any other cost we may pay a third party in relation to its claim based on your services under this agreement. Meaning, that if your banners infringe copyright, then if we are sued by the copyright holder, you will be required to pay him.
7. Bad Practices
Without limiting our Trademark Guidelines, we consider the following as “bad practices” which are prohibited and will cause automatic termination of your participation in this program, as well as forfeiture of all sums you are entitled to.
Please note that if at any time we believe that you acted in bad faith or illegally, we may also cancel your participation and withhold all payments.
The following are considered bad practices: (i) using deceptive practices, encouraging users to click banners or use of any automated means to create traffic; (ii) presenting yourself as a part of Yogasana; (iii) using the Yogasana brand in violation of the Trademark Guidelines or presenting unpermitted banners; (iv) using domain names that imply any link to the Yogasana brand; (v) spamming; (vi) buying traffic; (vii) using paid search or keyword advertising to drive traffic to your site or to the banners; (viii) making any changes to the Yogasana plugin or including the tags, pixels and codes in items not related to Yogasana’s; (ix) offering coupons or discounts; (x) offering others a part of your commission.
This list is non exhaustive, and we may add any practice that we believe is bad. Bad Practices also include any illegal advertising, infringing intellectual property rights, invading users’ privacy or otherwise using any advertising in violation of local laws and regulations.
Our relationship is confidential; meaning that your commission is confidential, the fact that we paid you is not. You should add a decent disclosure if required by law that you receive a commission for every click on our banner, but you should not tell others what is your specific commission.
We are not your employer or your partner. Our relationship is that of independent contractors.
10. Termination of Your Participation
Upon termination, we will pay all outstanding payments within 60 days for all qualified leads made prior to termination.
If we terminate your participation due to bad practices, we will not pay you any fee.
11. Other Terms
We made our best to make this human-readable. We reserve the right to amend the program policy at any time, and to terminate it for any reason. In any case of ambiguity, our interpretation of the program policy shall prevail. The terms of our Terms of Service, and especially those of limitation of liability, warranties, and governing laws, shall apply on this program. You hereby provide us with your permission to use any Yogasana marketing content you have made public, for our own marketing efforts