|Conversion action||Online purchase with processed valid payment|
|Cookie days||30 days|
|Commission type||Percent of Sale|
|Additional terms||Payouts made within 30 days of order. Returned orders are not eligible for commission. PPC bidding on keywords Yoga Democracy, Yoga Democracy Coupon and Yoga Democracy Leggings is strictly prohibited.|
Our affiliates are very important to us. We do our best to treat
you with the fairness and respect you deserve. We simply ask the same
consideration of you. The following affiliate agreement has been written with
that in mind. Let’s get through the legal formality before we start earning and
having fun together!
PLEASE READ THE ENTIRE AGREEMENT.
YOU MAY PRINT THIS PAGE FOR YOUR RECORDS.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND YOGADEMORACY, INC.
BY SUBMITTING THE ONLINE APPLICATION YOU ARE AGREEING THAT YOU
HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT
YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.
This Agreement contains the complete terms and conditions that
apply to you becoming an affiliate in YOGADEMOCRACY.COM's Affiliate Program.
The purpose of this Agreement is to allow HTML linking between your web site
and social media and yogademocracy.com. Please note that throughout this
Agreement, "we," "us," and "our" refer to
yogademocracy.com, and "you," "your," and "yours"
refer to the affiliate.
2. Affiliate Obligations
2.1. To begin the enrollment process, you will complete and
submit the online application at the https://marketplace.refersion.com. The fact
that we auto-approve applications does not imply that we may not re-evaluate
your application at a later time. 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 age
2.1.4. 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
2.1.6. Includes "Yoga Democracy" or variations or misspellings
thereof in its domain name
2.1.7. 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 yogademocracy.com
or any other affiliated business.
2.2. As a member of yogademocracy.com's Affiliate Program, you
will have access 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. YogaDemocracy.com 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
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
3. YogaDemocracy.com Rights and Obligations
3.1. 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 YogaDemocracy.com Affiliate Program.
3.2. YogaDemocracy.com reserves the right to terminate this
Agreement and your participation in the YogaDemocracy.com Affiliate Program
immediately and without notice to you should you commit fraud in your use of
the YogaDemocracy.com Affiliate Program or should you abuse this program in any
way. If such fraud or abuse is detected, YogaDemocracy.com 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.
Either 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.
We 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 YogaDemocracy.com's Affiliate Program rules. If any
modification is unacceptable to you, your only option is to end this Agreement.
Your continued participation in YogDemocracy.com's Affiliate Program following
the posting of the change notice or new Agreement on our site will indicate
your agreement to the changes.
YogaDemocracy.com uses a third party to handle all of the
tracking and payment. The third party is the Refersion.com affiliate network.
Kindly review the network’s payment terms and conditions.
7. Access to Affiliate Account Interface
You will create a password so that you may enter Refersion’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 Restrictions
8.1. You are free to promote your own web sites, but naturally
any promotion that mentions YogaDemocracy.com 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 YogaDemocracy.com. 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 YogaDemocracy.com 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 YogaDemocracy.com so long as the news group welcomes
commercial messages. At all times, you must clearly represent yourself and your
web sites as independent from YogaDemocracy.com. 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 YogaDemocracy.com 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. Affiliates that among other keywords or exclusively bid in
their Pay-Per-Click campaigns on keywords such as YogaDemocracy.com, Yoga
Democracy, Yoga Democracy Leggings or YD Leggings and/or any misspellings or similar alterations of these
– be it separately or in combination with other keywords – and do not direct
the traffic from such campaigns to their own website prior to re-directing it
to ours, will be considered trademark violators, and will be banned from Yoga
Democracy’s Affiliate Program. We will do everything possible to contact the
affiliate prior to the ban. However, we reserve the right to expel any
trademark violator from our affiliate program without prior notice, and on the
first occurrence of such PPC bidding behavior.
8.3. Affiliates are not prohibited from keying in prospect’s
information into the lead form as long as the prospects’ information is real
and true, and these are valid leads (i.e. sincerely interested in Yoga
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 Yoga Democracy’s
site (i.e., no page from our site or any YogaDemocracy.com 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 Yoga Democracy’s site in IFrames, hidden links and automatic pop ups
that open YogaDemocracy.com’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 Licenses
9.1. 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 YogaDemocracy.com's
Affiliate Program. You agree that all uses of the Licensed Materials will be on
behalf of YogaDemocracy.com and the good will associated therewith will inure
to the sole benefit of YogaDemocracy.com.
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.
YOGADEMOCRACY.COM MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR
WARRANTIES REGARDING YOGADEMOCRACY.COM SERVICE AND WEB SITE OR THE PRODUCTS OR
SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF YOGADEMOCRACY.COM 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 Warranties
You 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
11.3. You have sufficient right, title, and interest in and to
the rights granted to us in this Agreement.
12. Limitations of Liability
WE 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 YOGADEMOCRACY.COM'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
You hereby agree to indemnify and hold harmless YogaDemocracy.com,
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.
All 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.
15.1. 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 YogaDemocracy.com.
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
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 Arizona 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.