Affiliate Partner Terms and Conditions
As an Affiliate Partner, you agree to comply with all applicable rules, regulations, directives, laws, statutes, ordinances, codes, guidelines, and other legal acts and instruments in any jurisdiction, including those of the Federal Trade Commission (“FTC”) (collectively, “Applicable Laws”).
Affiliate Partner must be 18 years or older to participate in the affiliate program. Dancing For Birth™ (the “Company”) reserves the right to accept or deny any Affiliate Partner in its sole discretion. Company may terminate participation of any Affiliate Partner with or without cause. You don’t have to be a participant in Dancing For Birth’s classes or trainings to participate in the affiliate program, however, don’t lead people to believe that you have firsthand experience with the Company’s offerings if you do not.
Affiliate Partner agrees and understands that if its marketing, websites, emails, or any other communications are deemed inappropriate, that Affiliate Partner will be, at the sole discretion of Dancing For Birth™, ineligible to participate in the affiliate program and disqualified from receiving any compensation from the Company.
At the sole discretion of the Company, Affiliate Partner will be immediately removed from this Affiliate Partner Program and will be in violation of this Agreement if its marketing for this program or for its own sites: 1. promotes or links to sexually explicit or violent material; 2. 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; 3. contains unlawful material, including, but not limited to, materials that may violate another’s intellectual property rights or links to a site that contains such material; 4. contains information regarding, promotes, or links to a site that provides information or promotes illegal activity; 5. Uses Company’s intellectual property on their website, in such a way as to create market and consumer confusion. In other words, you may not use the Company’s Property as if it is your own on your own sites or any other sites, as it may cause customers to opt-in thinking they are opting in to communication from Dancing For Birth™ instead of you. 6. is otherwise deemed to be unsuitable by the Company. Company reserves the right to disqualify Affiliate Partners from our Affiliate Partner program, cancel pending commissions based on inappropriate behavior or marketing by the Affiliate Partner, and amend this Promotion or Agreement at any time without notification to Affiliate Partner; 7. offers a cash incentive or discount on Products not authorized by the Company as a means of promotion; 8. runs any paid advertisements that do not adhere to our guidelines; You may not sell, transfer, assign, license, sublicense, or modify the Company Property or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Company Property in any way for any public or commercial purpose.
Company reserves the right to revoke Affiliate Partner standing at any time. If Company terminates Affiliate Partner for violation of this Agreement, Affiliate Partner will not receive any pending commission or any other compensation from Company.
Relationship of the Parties
Nothing in this Agreement shall be deemed to create a partnership, joint venture, agency relationship, or employment relationship between the Parties. Affiliate Partner is participating in the affiliate 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. Under no circumstances will Company be held liable for any actions, omissions, or results of Affiliate Partner.
The relationship between the parties may be terminated by either party immediately with or without cause.
GDPR Data Transfer
For purposes of this Agreement, “EEA” shall mean, “the member states and member countries of the European Union and European Economic Area, respectively, Switzerland, and the United Kingdom.”
For purposes of this Agreement, “GDPR” shall mean the General Data Protection Regulation 2016/679 and all EEA implementation legislation relating thereto, the Swiss Federal Data Protection Act, and/or the United Kingdom’s Data Protection Act 2018.
To the extent Affiliate Partner is subject to the GDPR, such Affiliate Partner must protect all personal information provided by Company that relates to an individual located in the EEA (“EEA Data”) to the same level as the Privacy Shield Principles and for the limited and specified purposes consistent with the consent provided by such individual. Affiliate Partner must notify company if Affiliate Partner can no longer meet the aforementioned obligations and then cease processing of EEA Data or take other reasonable and appropriate steps to remediate such processing so that it is in line with such obligations. Nothing in this section shall limit an Affiliate Partner’s other compliance obligations under the GDPR as applicable.
Restrictions on Use
The California Consumer Privacy Act of 2018 (Cal. Civ. §1798.100, et seq.) (“CCPA”), became effective on January 1, 2020. Pursuant to the CCPA, Affiliate Partner is our “service provider” and is required to comply with its obligations as a service provider under the CCPA and this Agreement. Additionally, pursuant to Company’s obligations under the GDPR, Affiliate Partner is required to comply with certain restrictions on the use of personal information Company provides to Affiliate Partner.
For the purposes of this section, (a) “personal information” means information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or household, and (b) “sell” or “sale” means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, an individual’s personal information for monetary or other valuable consideration.
Affiliate Partner acknowledges and agrees that it will not: (i) collect, use, retain, or disclose the personal information of individuals that Company provides to Affiliate Partner for any purpose (including, without limitation, for your own purposes, commercial or otherwise) other than for the specific purpose of marketing and participating in the affiliate program, driving traffic to the Sites, (ii) sell such personal information, or (iii) collect, use, retain, or disclose such personal information outside of the direct business relationship between Affiliate Partner and Company.
Affiliate Partner certifies that it (i) understands the restrictions and prohibitions on the sale of an individual’s personal information and retaining, using, or disclosing any individual’s personal information outside of the parties’ direct business relationship as set forth in this Agreement and the CCPA, and (ii) will comply with such restrictions and prohibitions.
Spam and Unsolicited Email
Affiliate Partner agrees not to send any unsolicited email to any party. Spam is defined as emailing or posting to anyone who has not requested information via email or any website and also includes “spamming search engines” with links. As noted above, Affiliate Partner agrees to abide by all Applicable Laws, including without limitation, the CAN-SPAM Act.
In every social media update and marketing communication, including Twitter, Facebook, Instagram, emails, and blog posts, Affiliate Partner must disclose that Affiliate Partner may make a commission if Affiliate Partner’s links are used to purchase our Products.
Without prejudice to any other obligation in this Agreement, Affiliate Partner shall obtain consent on Company’s behalf to the standard of the General Data Protection Regulation 2016/679 to allow Affiliate Partner to send email marketing communications promoting or offering our Products to individuals located in the EEA (“EEA Emails”). Affiliate Partner shall identify itself as being an Affiliate Partner of Dancing For Birth™ in each such EEA Email and provide the recipient an ability to withdraw consent that meets the standard of the General Data Protection Regulation 2016/679 within each such EEA Email.
Nothing on our Sites or in our Products is a promise or guarantee of earnings, revenue, income, or profit. Your success is dependent upon a number of factors including your network and level of effort . Because these factors differ according to individuals, we cannot guarantee your ability to earn affiliate commissions. You alone are responsible for your actions and results. By using this Site and becoming our Affiliate Partner, you hereby irrevocably release us from any and all liability, including direct, consequential, or indirect damages or claims, and take full responsibility for your own results. No guarantees are made that you will achieve any results. We offer no professional, legal, psychological, medical, or financial advice.
You will have your own affiliate dashboard where you can track your commissions. As an Affiliate Partner, you will receive 25% of every Birth Bundle, and 10% of every DFB Professional Training Registration Fee, that is directly referred by you through your Affiliate Partner unique links (or cookies, if cookies were consented to). When consented to, cookies are tracked for 90 days. This means a referral can be tracked to you even if a person doesn’t buy right away. Certain trainings are ineligible for affiliate commissions because they are not produced by DFB™. For a list of these, email [email protected] with your request. The Company sets no limit on how much you can earn as an affiliate.
Commissions are not paid on, and will not include, a sale to Affiliate Partner himself or herself; meaning Affiliate Partner cannot purchase the Product and receive a commission on that sale. Affiliate Partner commissions for training registrations are calculated after the registrant has attended the training, at the sole discretion and decision of the Company.
Commission payments will be sent to Affiliate Partner by Pay Pal after the training finish date. For the Birth Bundle, payments will be sent quarterly. If a sale is canceled or refunded for any reason, no commission will be paid. Affiliate Partners will not be paid a commission on registrations that are in delinquent status. Affiliate Partner commissions will not be paid based on any sales or amounts that are attributed to spam, or credit card fraud. Company reserves the right to change the dates of the commission payout at any time.
Affiliate Partners must provide his or her PayPal address and complete the W-9 and any tax information sent to them by the Company before receiving any commission payments. Company is not responsible for Affiliate Partner using or maintaining his or her Affiliate Partner links, and only sales tracked through Company’s affiliate program system will count towards Affiliate Partner’s commissions. All sales and commission numbers are tallied by the Company. All the final sales and commission numbers are at the sole discretion of the Company. Company makes every reasonable effort to accurately track and pay commissions for all sales that come from Affiliate Partners, but is not responsible, nor under any circumstances will be held liable for, any technical difficulties, outside events, actions by other affiliate partners, or other uncontrollable events that may disrupt or interfere with Company’s ability to track sales or pay commissions.
Affiliates who earn over $600 in a calendar year and live in the United States will receive a 1099 form at tax time from Company, reporting how much you’ve earned as an affiliate. Include this form when you file your taxes with the IRS.
Company will provide Affiliate Partner with links as well as any related graphics or text necessary to promote Dancing For Birth™ website, classes, Birth Bundle, and Professional Trainings to Affiliate Partner’s customers via Affiliate Partner’s sites or emails. Affiliate Partner may utilize only his or her unique links provided by Company on Affiliate Partner’s own websites, social media pages, or emails. Affiliate Partner may not post their links on other websites. Affiliate Partner may not use unsolicited commercial email, spam, search engine spam, or other illegal or unethical means to generate referral commissions.
In addition to the restrictions set forth above, Affiliate Partner may not: (a) read, intercept, record, redirect, interpret, or fill in the contents of any electronic form or other materials submitted to Company by any person or entity; (b) take any action that could reasonably cause any customer confusion as to Affiliate Partner’s relationship with Company or as to the site on which any functions or transactions (e.g., search, order, browse, and so on) are occurring; (c) frame the Affiliate Partner’s website to look like Company’s Site or utilize Company’s branding in any way that would cause a likelihood of confusion by customers or the general public as to who is hosting or promoting such a website; (d) seek to purchase or register any keywords, search terms or other identifiers related to the trademarks of Company, including misspellings or variations thereof for use in any search engine, portal, sponsored advertising service or other search or referral service unless otherwise agreed to by the Company; (e) seek to purchase or register any domains or other identifiers that include variations on the trade or service marks or names of Company intended to approximate misspellings or typographical mistakes of same or which otherwise would constitute typo or domain squatting, including variations thereof for use in any search engine, portal, sponsored advertising service, or other search or referral service unless otherwise agreed to by Company. Promoter may cancel Affiliate Partner’s participation in this program, withhold or cancel commissions, or take any other action at its sole discretion should Affiliate Partner conduct any of the behavior above or fail to operate with integrity or within the guidelines of Applicable Laws.
Affiliate Partner 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 of Company without prior, written permission of Company in each instance. Confidential Information means all non-public information of Company. Affiliate Partner may not disclose any financial, personal, or business information about Company or its owner Stephanie Larson without permission from Company. Such disclosure is grounds for legal action, equitable relief, and termination of this Agreement.
Indemnification and Liability
Affiliate Partner agrees to indemnify, defend, and hold harmless Company’s Founder, Stephanie Larson, and heirs, its officers, employees, contractors, directors, related entities, trustees, affiliates, and successors 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 Partner’s participation in the program. To the maximum extent permitted by applicable laws, Company shall not be liable for any damages whatsoever resulting from the affiliate program.