Animal Reiki Source Affiliate Agreement
If you do not agree with any of the three, do not sign up for the Program. Anyone who violates the Program’s Terms and Conditions will be removed from the Program. The terms herein are subject to change without notice to the Affiliate. The Program is a Service as defined in the Terms and Conditions. The Program’s Terms and Conditions are Service Rules as defined in the Terms and Conditions. When this document refers to “Product” it means any of the eligible Animal Reiki Source products, individually or collectively.
Affiliate must be invited to participate in the Program by us. We reserve the right to accept or deny any Affiliate in our sole discretion or terminate anyone’s participation in the Program with or without cause. Affiliate must have a PayPal account to be eligible for participation in the Program.
Affiliate agrees and understands that if its marketing, websites, emails, or any other communications associated with or for this Program are deemed inappropriate by us for any reason, we will terminate the Affiliate’s participation in the Program.
As an Affiliate, we expect you to comply with Applicable Laws and exhibit honesty and integrity when dealing with customers and prospective customers. Any Affiliate will be immediately terminated from the Program if its marketing:
- a) promotes, depicts, or links to sexually explicit, illegal or violent material;
b) promotes, depicts, or links to material that promotes or depicts discrimination based on race, gender, religion, national origin, physical or mental disability, sexual orientation, or age;
c) violates intellectual property rights;
d) contains false or misleading information;
e) uses unsolicited commercial email or spam;
f) employs any illegal or unethical methods or tactics;
g) offers a cash incentive or discount on Product base price as a means of promotion;
h) runs any paid ad on Facebook or other social media or online outlets that target our Sites or Kathleen Prasad’s Facebook or Instagram audience or followers; or
i) is otherwise deemed unsuitable or objectionable, in our sole discretion.
If we terminate an Affiliate from the Program for violation of this Agreement, the Affiliate may be prohibited from receiving any commissions or any other compensation from us.
We will provide each Affiliate with approved marketing materials, including banners, Product descriptions, photos, graphics, and text ads to be used to promote and offer the Product to Affiliate’s customers via Affiliate’s sites or emails (the “Authorized Marketing Materials”). As part of the Program and in accordance with the terms herein you may modify, reproduce, display, or otherwise use the Authorized Marketing Materials. You may not use any of our other intellectual property without prior permission, including without limitation, our trademarks, videos, brochures, images, banners, likenesses, content, or brand name, or the name, likeness or image of Kathleen Prasad.
By participating in the Program Affiliate agrees to comply with the CAN-SPAM Act and General Data Protection Regulation (GDPR) and agrees to refrain from sending unsolicited email to any party. Affiliate also agrees to refrain from contacting anyone who has not requested information via email or any website or “spamming search engines”. Any violation of this paragraph will result in termination from the Program.
Nothing on our Sites, or in the Program or Product is a promise or guarantee of earnings, revenue, income, or profit.
You must not make inaccurate medical claims about the efficacy of Reiki or Animal Reiki Source products.
Affiliate will receive compensation for every sale of the Product that is directly referred by Affiliate to the Sites through the Affiliate’s unique link or cookie (the “Commission”). Commission amounts vary per product as specified below:
Animal Reiki Ethics Audio Course – 20%
Reiki for Dogs Audio Course – 20%
Animal Reiki Workshop: Core Curriculum by Correspondence – 20%
Commissions are not paid on, and will not include, a sale to Affiliate himself or herself or anyone in their household or organization, meaning the Affiliate cannot purchase the Product for his or her use or others through his or her link and receive a Commission on that sale.
Commission payments will be sent to Affiliate within 45 days of cart close. If a sale is canceled or refunded for any reason, any paid Commission will be deducted from the amount owed to Affiliate and any subsequent payment. Commissions will not be paid based on any sales attributed to spam, credit card fraud, or returned Product. If needed, we reserve the right to change the dates of the Commission payout at any time.
Affiliates must provide his or her payee information and address and complete the W-9 and any tax information sent by us before receiving any Commission payments. International Affiliates will be paid via PayPal. We are not responsible for Affiliate using or maintaining his or her Affiliate links, and only sales tracked through our system will count towards Affiliate’s Commissions. All sales and commission numbers are calculated by us and all the final sales and Commission payments are at our sole discretion. We make every reasonable effort to accurately track sales. However, we are not liable for any technical difficulties, outside events, inappropriate actions by third parties, or other uncontrollable events that may disrupt or interfere with our ability to track sales or pay Commissions.
The Affiliate will receive a personalized affiliate link. When a customer clicks on the Affiliate’s link, a cookie is set in their browser that contains an Affiliate identifier. The cookie will track the customer’s use of the site for 30 days. The IP address of the customer is tracked in the database along with the Affiliate identifier. When a customer purchases a Product, we will look for their cookie and try to match their IP address to identify the Affiliate. Affiliates will be awarded the Commissions on a “last click” basis. For you to receive a Commission, the customer must have cookies enabled. Any dispute or conflict between Affiliates will be resolved in our sole discretion.
Affiliate may utilize only his or her unique link provided by us on Affiliate’s websites, social media pages, or emails. Affiliate may not post this link on other websites that are not owned or maintained by Affiliate or Affiliate’s brand.
In addition to the restrictions set forth above, Affiliate may not employ any unethical or deceptive practices, including by not limited to:
- a) misappropriating, reading, intercepting, recording, redirecting, any materials or information from our Sites or submitted to us by any third party;
b) inappropriately or falsely filling in the contents of any electronic form;
c) taking any action that could reasonably cause any customer confusion or that misrepresents the Affiliate’s relationship with us;
d) framing the Affiliate’s website to look like our Sites or utilize our branding or the Animal Reiki Source Intellectual Property (IP) in any way that would cause a likelihood of consumer confusion;
e) purchasing or registering any keywords, search terms or other identifiers related to the Animal Reiki Source IP or the trade or service marks including misspellings or variations thereof for use in any search engine, portal or sponsored advertising service; and
f) purchasing or registering any domains or other identifiers that include variations on the Animal Reiki Source IP or that intend to approximate misspellings or typographical mistakes, which otherwise would constitute domain squatting.
No Partnership or Agency
Nothing herein shall be deemed to create a partnership, joint venture, agency relationship, or employment relationship between us. Affiliate is participating in the Program as an independent contractor and is responsible for any and all federal, state, local, and/or foreign taxes, including, without limitation, withholding, sales, income, and social security taxes.
Affiliate shall not, directly or indirectly, use for his or her own benefit (other than to fulfill his or her obligations hereunder) or disclose to any third party any Confidential Information (as defined below) without our prior written permission in each instance. Confidential Information means all our non-public information, including, without limitation, instructional videos, software passwords, customer lists, presentation materials, marketing materials, financial information, customer information, vendors lists, customer financial information, source and object code, and other similar information that is proprietary and confidential information.
This Agreement imposes no obligation of confidentiality on Affiliate concerning any portion of the Confidential Information that: (a) is generally available to the public at the time of disclosure; (b) becomes generally available to the public without any breach of this Agreement by Affiliate; or (c) Affiliate can demonstrate by written records he or she had independently developed without any access to or usage of the Confidential Information.
In the event Affiliate becomes or may become legally compelled to disclose any Confidential Information (whether by deposition, interrogatory, request for documents, subpoena, civil investigative demand or other process or otherwise), Affiliate shall provide to us prompt prior written notice of such requirement so that we may seek a protective order or other appropriate remedy and/or waive compliance with the terms of this section. In the event that such protective order or another remedy is not obtained, or that we waive compliance with the provisions hereof, Affiliate shall furnish only that portion of the Confidential Information, which he or she is advised by counsel, is legally required to be disclosed, and shall use his or her best efforts to ensure that confidential treatment shall be afforded such disclosed portion of the Confidential Information.
In general, Affiliate may not disclose any financial, personal, or business information about us or the Program without our permission. Such disclosure is grounds for legal action, equitable relief, and termination of this Agreement.
Indemnification and Liability
Affiliate agrees to indemnify, defend, and hold us and our officers, employers, employees, contractors, directors, related entities, trustees, affiliates, and successors harmless from and against any and all claims, actions, proceedings, liabilities, losses, damages, costs, claims and expense whatsoever – including, without limitation, attorneys’ fees and disbursements, which such parties may be subject to or incur in connection with Affiliate’s participation in the Program, except those claims that are judicially determined to have resulted from our gross negligence or willful misconduct. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, IN NO EVENT WILL WE BE LIABLE TO YOU OR ANYONE ELSE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA, REVENUES, PROFITS, GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF WE WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES) REGARDING THE PROGRAM.