Terms & Conditions of Use *
Terms & Conditions of Use: Salty Water Yoga Affiliate Program
By clicking the “I agree” button, you, the Affiliate of the Salty Water Yoga Affiliate Program (hereinafter “The Affiliate Program”, “The Program” or “Salty Water Yoga Affiliate Program”) outlined below (hereinafter “you” or “Affiliate”) agree and willingly confirm entry into this program by Salty Water Yoga, and you agree you are voluntarily entering into a legally binding Agreement with Salty Water Yoga, inclusive of the following terms and conditions mutually agreed upon:
1. Program Outline:
1. The affiliate agrees and understands that he/she is agreeing to the Program by Salty Water Yoga, an affiliate program designed to give aerial yoga practitioners the opportunity to promote its products and earn a commission for each sale made through their personalized link.
1. To participate in The Affiliate Program, the affiliate must submit an application through Salty Water Yoga’s Affiliate Sign Up available at https://saltywateryoga.com/affiliate-program/. Salty Water Yoga reserves the right, in its sole discretion, to accept or reject any application for enrollment in the Affiliate Program for any reason. Affiliates must be at least 18 years old in order to participate in the Affiliate Program.
3. Voluntary Participation:
1. The affiliate understands and agrees that he/she is voluntarily choosing to enrol in The Program and is solely responsible for any outcomes or results. Salty Water Yoga is not responsible nor liable to the affiliate should the affiliate encounter any negative ramifications. The affiliate agrees that he/she is fully responsible for his/her business decisions, including participation in the Program and any results therein, and agrees that any decisions to implement strategies, tactics, and information contained within the Program is solely the responsibility and decision of the affiliate.
2. While the affiliate is allowed to express his/her opinion regarding the Affiliate Program, he/she cannot make any false disparaging comments to other members of the Program, students or publicly speak negatively about Salty Water Yoga, the Affiliate Program of Maria Pilar Nebreda. Salty Water Yoga places community and positivity at the forefront of their brand, and in order to preserve community standards and experience for other members, affiliates who cannot abide by this may lose his/her access to the community and the Affiliate Program. The affiliate understands that any extensively negative or similar disruption to the community will result in removal form the Program.
1. The affiliate will receive commission for Qualified Referrals to Salty Water Yoga. The percentage of commission may change with a previous notification.
2. “Qualified Referrals” mean customers referred by the affiliate to Salty Water Yoga who: click on affiliate’s unique tracking link and successfully purchase a program by Salty Water Yoga.
3. Affiliates who share the same personal/company details, including but no limited to, last name, email address, IP address, website details, or commission payment details, as their referred customer will be deemed to have made a “Self Referral”. Referral commission and any earnings associated with this type of “Self Referral” will not be paid. Salty Water Yoga, in its sole discretion, will determine the classification of any referral as “Self Referral”.
1. Commissions earned on referrals become payable within 30 days after the referred customer becomes a Qualified referral.
2. If at any time a Qualified Referral files a credit card dispute, any earned Affiliate commission on the disputed charge shall become frozen in the affiliate’s account until the dispute is settled. Affiliate will not receive any interest on commissions that have been frozen. If the dispute is settled in Salty Water Yoga’s favor, any associated earned Affiliate commission will become payable to Affiliate. If the dispute is settled in the Qualified Referral’s favor, any associated earned Affiliate commission shall not be paid to the affiliate. If commissions have already been paid out to the affiliate, the amount of earned commissions on the disputed charges shall be debited from the affiliate's account.
3. Commission payments will be paid in US Dollars and will be made exclusively via Paypal. Affiliate is responsible for paying all applicable fees associated with accepting payments, including but not limited to, currency conversion fees, transaction fees, withdrawal fees, deposit fees, and other related charges. Commissions will be paid out the last week of each month.
5. The affiliate is responsible for any and all tax liabilities, including, without limitation, income tax liabilities, that arise from or in any way relate to commissions paid out to the affiliate by Salty Water Yoga.
6. Salty Water Yoga reserves the right to request documentation in order to approve an affiliate’s account. These requests may be made during the Affiliate Program application process or at any time while you have an active account in the Affiliate Program. If requests for documentation are not responded in a timely manner, Salty Water Yoga reserved the right to terminate, deactivate, or not approve the affiliate’s account.
1. Affiliates shall bear their own costs and expenses related to marketing and promoting Salty Water Yoga, its programs and/or the Affiliate Program. Salty Water Yoga is not obligated to reimburse or credit the affiliate for any marketing expenses. I
2. Affiliate may not engage in any of the following marketing activities and represent and warrant that their marketing practices do not violate any of these restrictions:
1. Affiliate shall not make any false, misleading, or disparaging statements with respect to Salty Water Yoga, its programs and products, its Affiliate Program, its employees, its customers or its affiliates.
2. Affiliate shall not create websites or advertisements that copy, imitate or resemble the look and feel of Salty Water Yoga’s products, programs, landing pages, sales pages, website or social media assets. Affiliates shall not copy any of Salty Water Yoga’s trademarks or other intellectual property, and display them on their own site or subdomain or use them in any way without Salty Water Yoga’s prior express written consent.
3. Affiliate shall not offer cash back, coupons, rewards or other incentives as part of their marketing efforts for the Affiliate Program.
4. Affiliate shall not use traffic that is generated by, including, but not limited to, pay to click, pay to read, banner exchanges, click exchanges, cost-per-view advertising, pop-up/under, spam, purchase traffic, or similar methods without prior written consent from Salty Water Yoga.
5. Affiliate shall not use cookie stuffing techniques that set the tracking cooking without the potential customer actually clicking on the affiliate’s referral link.
6. Affiliate is responsible for ensuring his/her tracking codes are working properly before sending traffic to Salty Water Yoga’s servers. Any modification to the links is the sole responsibility of the affiliate. Referral fees may be withheld, as determined in Salty Water Yoga’s sole discretion, for tracking errors caused by editing, masking, redirecting or tampering with affiliate links.
7. Affiliate shall not bid on or use Salty Water Yoga’s trademarks or misspelled keywords for the purpose of pay-per-click on internet search engines without prior written consent from Salty Water Yoga.
8. Affiliate shall not use Salty Water Yoga’s trademarks or misspelled keywords in their domain names.
9. Affiliate shall not use redirected pages and links to send a potential customer to Salty Water Yoga’s website.
10. Affiliate shall not engage in domain forwarding (i.e. purchasing a domain and setting it to forward directly to Salty Water Yoga’s website using an affiliate link).
11. Affiliate shall not engage in the advertisement of business-opportunity websites or use marketing practices that attract fraudulent or short-term customers.
12. Affiliate shall not engage in any marketing activity that may harm the reputation or credibility of Salty Water Yoga, including using low-quality marketing materials, or advertising on any website that promotes violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or any illegal activities, or violates the intellectual property or other rights of a third party.
13. Affiliate shall not send any email in violation of the federal CAN-SPAM statute, 15 U.S.C. 1571, et seq.
14. Affiliate shall make clear that they, not Salty Water Yoga, is the send of all marketing communications related to the promotion of Salty Water Yoga’s programs and products.
15. Affiliate shall not engage in any marketing or promotional activities that violate applicable laws, rules or regulations.
16. Affiliate shall not market using facsimile, broadcast, telemarketing, text, message marketing or other offline marketing methods regarding Salty Water Yoga or its products and programs without the express written consent of Salty Water Yoga.
17. Affiliate shall not use malware or spyware to market or promote Salty Water Yoga’s programs and products.
1. Specific results are not guaranteed. Salty Water Yoga cannot guarantee results of the Program, and cannot make any representations or guarantees regarding individual results. Affiliate will hold Salty Water Yoga and the Program harmless if he or she does not experience the desired results.
2. Earnings Disclaimer: Salty Water Yoga also does not make any guarantees or assurances regarding a particular financial outcome based on use of Program, nor is Salty Water Yoga responsible for affiliate earnings, or any increase or decrease in finances based upon information within the Program. Any information or testimonials regarding past or current clients’ working with Salty Water Yoga contained on Website or in sales material that contain financial information are individual, and results may vary.
3. The affiliate understands that all services provided by Salty Water Yoga in connection with the Program are provided on an “as is” basis, meaning it is without any guarantees, representations, or warranties, including but not limited to warranties relating to quality, non-infringement, fitness for a particular purpose, merchantability, or expectation or course of performance. Affiliate is choosing to promote and work with Salty Water Yoga on a purely voluntary basis and does not hold Salty Water Yoga responsible should Client become dissatisfied with any portion of the Program.
4. The affiliate agrees that he/she does not have a cause of action, legal remedy, and is not entitled to any economic compensation should he/she not achieve the results desired from the program, as long as Salty Water Yoga delivers the Program as described, or similar substitutes, upon additional agreement by Salty Water Yoga and Client.
5. The affiliate agrees to hold Salty Water Yoga harmless should any physical, emotional, or financial injury occur as a direct or indirect result of use of the Program. The content provided by Salty Water Yoga on his/her website and within the Program consists of information that has worked for Salty Water Yoga and their clients, and may or may not be useful to the affiliate in his/her personal business or life. The affiliate understands Salty Water Yoga cannot guarantee results from this Program, and has no expectation of a specific result that he or she holds Salty Water Yoga responsible for.
9. Intellectual Property:
1. The affiliate agrees and understands that Salty Water Yoga has created numerous original, creative works in connection with the Program, and agrees that Salty Water Yoga maintains all copyrights, licenses, and other intellectual property rights in all original or derivative content associated with or included in the Program, whether created prior to working with Client or specifically for Client, including but not limited to: videos, modules, documents, charts, emails, graphs, products, systems, processes, handouts, worksheets, copy for website or sales pages, and any other original work created by Salty Water Yoga. The affiliate agrees he/she may be granted a limited right to use selected materials in the course of his or her own business, but understands that the original proprietary rights remain with Salty Water Yoga. Nothing in this Agreement shall constitute a transfer of ownership of any Intellectual Property from Salty Water Yoga to the affiliate, nor grant any license to use the information, other than that which is expressly provided throughout the course of the Program.
2. The affiliate agrees and understands he/she is not to copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property provided by Salty Water Yoga without Salty Water Yoga’s express written consent. If such behaviour is discovered or suspected, Salty Water Yoga reserves the right to immediately end Client’s participation in the Program without any economic compensation.
3. Licensee Rights: Salty Water Yoga’s Limited License to Client: The affiliate understands that in enrolling in the Program, she/he is gaining access to view all content and information available for Salty Water Yoga’ products, as well as any additional information or content shared with him/her by Salty Water Yoga sees fit. The affiliate understands this means he/she will have been granted a limited, revocable, non-transferable license to read and use the information provided for use in his/her business and life, as instructed or allowed by Salty Water Yoga. As a “Licensee,” the affiliate understands and agrees that the affiliate will not:
1. Copy, edit, distribute, duplicate or steal any information or any Content obtained through the Program without written permission by Salty Water Yoga;
2. Post, distribute, copy, steal or otherwise use any portion of Salty Water Yoga’s products and the Program or information obtained via other members in the Affiliate Program without written permission by Salty Water Yoga, and understand that any such use may constitute infringement, which may give rise to a cause of action against the Affiliate.
3. Claim any content created by Salty Water Yoga as part of the Program or otherwise given to affiliate is his/her own, meaning he/she cannot claim any content created by Salty Water Yoga was Affiliate’s work, and use in his/her business as his/her own.
4. Share any materials, information or content with others who have not enrolled in the Affiliate Program.
1. Salty Water Yoga may, in its sole discretion, terminate the affiliate’s participation in the affiliate program at any time, with or without cause, and without warning or notice.
2. Salty Water Yoga reserves the right to terminate affiliate’s participate in The Program and not pay the accrued balance if affiliate has been deemed to breach Salty Water Yoga’s terms and conditions or engage in aunty conduct that Salty Water Yoga deems to be illegal, improper, unfair or otherwise adverse or detrimental to Salty Water Yoga.
3. In Salty Water Yoga’ sole discretion, affiliate accounts generating a larger number of fraudulent accounts or that are associated with any false or misleading advertising or suspect fraudulent activity will be deactivated.
4. The affiliate may terminate his or her participation in the Affiliate Program at any time. Affiliate may discontinue his or her participation in the Affiliate Program by removing his or her affiliate links from his or her website and social media accounts, closing his or her CourseCraft account, and no longer promoting them. The affiliate will not receive any commissions which are earned after the date of termination. Upon termination, all rights granted to the affiliate shall terminate immediately.
1. Neither these Terms & Conditions of Use nor the affiliate’s participation in the Affiliate Program creates any employment, independent contractor, agency, partnership, or joint venture relationship between the affiliate and Salty Water Yoga.
1. The affiliate agrees at all times to defend, fully indemnify and hold Salty Water Yoga and any affiliates, agents, team members or other party associated with Salty Water Yoga harmless from any causes of action, injury, illness, misunderstanding, damages, losses, costs, expenses incurred as a result of the affiliate’s use of Program, as well as any third-party claims of any kind (including attorney’s fees) arising from his/her actions as a direct or indirect result of affiliate’s participation in Program. Should Salty Water Yoga be required to defend itself in any action directly or indirectly involving Client, or an action where we decide affiliate’s participation or assistance would benefit Salty Water Yoga’s defense, the affiliate agrees to participate and provide any evidence, documents, testimony, or other information deemed useful by Salty Water Yoga, free of charge.
13. Dispute Resolution:
1. Should a dispute arise between Salty Water Yoga and the affiliate, the parties agree to attempt to resolve by good-faith negotiations and discussions.
14. Release & Authorization
1. The affiliate grants Salty Water Yoga permission to use any and all media (hereinafter “media”) taken by Salty Water Yoga or its agents or employees, or submitted by himself or herself to Salty Water Yoga in any media (including, but not limited, to print, internet, film, television and no matter how distributed or published) for any purpose, including, but not limited to, advertising, promoting, and marketing of Salty Water Yoga or any product or service sold by Salty Water Yoga.
2. The affiliate agrees that this authorization to use media may be assigned by Salty Water Yoga to any other party, may be combined with other media, sounds, text and graphics, and may be manipulated, cropped, altered, or modified in Salty Water Yoga’s sole discretion.
3. The affiliate agrees not to make any monetary assessment against Salty Water Yoga in exchange for the release under this section. Affiliate hereby releases and forever discharges Salty Water Yoga from any and all liability from any damages. Affiliate further acknowledges and agrees that this release is binding upon his or her heirs and assigns and that the release is irrevocable.
1. This Agreement may be amended and/or updated by Salty Water Yoga from time to time as needed, to reflect the growth and updates to Program and services offered.