Program Application

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    This Agreement contains the terms and conditions upon which we offer you
    participation in the Spiraledge, Inc., d/b/a, Affiliate Program
    (the “Program”). The Program is being managed by Refersion, our affiliate
    marketing platform, to facilitate relationships with our affiliates and to
    provide tracking, reporting, and management of commission payments. Acceptance
    of this Agreement by participation in the Program creates a binding legal
    agreement between Spiraledge Inc. (“Spiraledge”) and you.  As used in this Agreement, "we" or “us”
    means Spiraledge, "you" means the participant in the Program, and
    "our Website” means  This Agreement supplements the
    Terms and Conditions, and Privacy Policy which are incorporated by this

     1.  Enrollment In The Program 

    The purpose of the Program is to promote the sale of products offered on our Website.
    To begin the enrollment process, you must submit an application through the Program Registration Page on our Website. When you provide information during the registration process, you agree to provide only true, accurate, current and
    complete information and to update it as necessary to maintain its truth and
    accuracy. We will evaluate your application and notify you of your acceptance
    or rejection. We may reject your application for any reason in our sole
    discretion. We may reject applications related to websites that: (i) promote
    discrimination based on race, sex, religion, nationality, disability, sexual
    orientation, or age; (ii) promote violence,
    hate, illegal activities or display sexually explicit materials; (iii) are
    intended to harass or defame anyone; or (iv) otherwise violate our intellectual
    property rights or those of others. We have the right, in our sole discretion,
    to monitor your website at any time to determine if you are in compliance with
    the terms of this Agreement.  If we
    reject your application, you are welcome to reapply to the Program at any time
    for our reconsideration.

    2. Program Links To Our Website

    If you have been notified that you have been accepted into the Program we may, at
    our option, enable you to provide on your Website one or more of the following
    types of links to our Website: Affiliate Links, Coupon Codes or Email Triggers
    (collectively, “Program Links”). These links are to permit accurate tracking,
    reporting and accrual of commissions and may be provided to you in the Program
    Registration Page on our Website.

    You must ensure that each link between your website and our Website is a Program
    Link. You will earn commissions on sales that originate through Program Links.
    In order for you to be eligible for a commission on any purchase (including
    future purchases by a repeat customer), the customer must log in to through your Program Link and complete the purchase before
    logging out. We are not responsible for any failure by you to use Program
    Links. Because of the difficulty verifying other purchases by customers you
    refer to us, we will not pay commissions unless you use Program Links. Finally,
    please note that you may only earn commissions by referring customers to

    3.  Use of Content

     We may provide you with product images, graphics, logos and other content (“Content”)
    through the Program Registration Page on our Website. We may make available to
    you a small graphic image that identifies your website as a Program affiliate.
    This image may be displayed on your website. We may modify the image from time
    to time. In addition, we encourage  you
    to include a legend that identifies you as a
    affiliate on the homepage of your website that links to the  home page of our Website.

     Any content that we provide to you is the property of Spiraledge or its content
    suppliers and is protected by United States and international copyright laws.
    We grant you a limited, nonexclusive, full paid, revocable right to use the
    Content solely for purposes of your participation in the Program. You may not
    sublicense any Content to any other person or party. Content cannot be used in
    any form other than the form provided by us. 
    We reserve all of our rights in the Content. You may not: (a) alter,
    modify or change any Content or create any derivative Content; (b) use Content
    in any form other than that provided by us; (c) remove any code or identifying
    information from any Content; (d) inactivate a link associated with any Content
    or cause the Content to link to a destination other than our Website; or (e)
    link to or display any Content that describes a product after it has been
    discontinued from the
    product catalog. 

     4. Trademark License; Use of Trademarks

     You understand and agree that Spiraledge is the sole and exclusive owner of the
    entire right, title and interest in and to the “Marks”.  The defined term "Marks" means the
    following trademarks: The Web's Most Popular Yoga Shop®, the
    associated logo and any components or variations thereof, and any other
    trademarks that we own. You have no right to use the Marks except as
    specifically granted in this Agreement. You shall make no use of any Mark
    except in the form authorized by us. You shall not adopt or use any name, mark,
    logo, insignia or design that is, or is likely to be, confusingly similar to or
    could cause deception or mistake with respect to any of the Marks. You shall
    not attack the validity of any of the Marks or of our title to any of the Marks
    at any time, whether during or after the term of this Agreement. You shall not
    apply for (or aid or abet others to apply for) registrations in the United
    States or in any foreign country of any mark or design which includes the Marks
    (or any variations of them), alone or in combination. The goodwill resulting
    from your use of the Marks (as well as any variations of the Marks) shall inure
    to our benefit.

     You shall not purchase or register domain names that include the Marks or any
    variations and misspellings of the Marks. Furthermore, you shall not purchase
    or bid on search engine keywords, AdWords, search terms, or other identifying
    terms (whether for use in a search engine, portal, sponsored advertising
    service or other search or referral service) that include the Marks, any
    components of the Marks, or any variations and misspellings of the Marks. You
    may use the Marks solely for the purposes authorized by this Agreement. You may
    not alter graphics containing the Marks in any manner. For example, you may not
    change the proportion, color, or font of the Marks. You may not display the
    Marks in any manner that implies sponsorship, endorsement by us other than of
    your involvement in the Program. You may not use the Marks to disparage our
    company, our products or services, or in a manner which, in our reasonable
    judgment, may diminish or otherwise damage our goodwill in the Marks. You
    acknowledge that all rights to the Marks are our exclusive property, and all
    goodwill generated through your use of the Marks will inure to our benefit.

    You may not use or display any of our Marks or logos or trademarks in your profile
    on any social media site.  You
    may not dilute or damage the value of our trademarks, and/or products and
    services. You may not misrepresent's brands including our URL,
    logos, trademarks and trade names, or misrepresent that either you or your
    website are or operated by

     If we determine that you have violated any of the foregoing restrictions, we may
    (without limiting any other rights or remedies available to us) withhold any
    commission otherwise payable to you under this Agreement and/or terminate this
    Agreement. If we are required to enforce any of the foregoing restrictions, you
    will be obligated to reimburse us for any attorneys' fees and expenses we may

    5. Additional Program Restrictions

    Be courteous and polite when you are promoting Any affiliate using
    illegal or unethical marketing methods or spam will be immediately terminated
    from the Program. You agree to the following restrictions:

    (a) You must follow common search engine guidelines, such as: (1) your display URL
    must match the ultimate actual destination URL; (2) you may not frame our
    website as a landing page; and (3) you may not create "redirects" or
    "jump pages" that immediately direct to our website.

    (b) You may not engage in any conduct that violates the CAN-SPAM Act of 2003, as
    amended, or any privacy or data protection law of any jurisdiction.

    (c) You may not enable any sales that are not in good faith, such as using any
    device, public coupon site, program, robot, Iframe, hidden frame or redirect.

    (d) You may not use any device or technology that will replace, intercept,
    interfere, hinder, disrupt or otherwise alter in any manner a Web user's
    access, view or usage of, our Website or of any affiliate of ours in a manner
    that causes or otherwise results in a different experience from what was
    otherwise intended by our affiliate. 

    (e) You may not use any device or technology that will block, alter, direct,
    redirect, substitute, insert, or otherwise intercept or interfere in any manner
    with any click through or other traffic-based transaction that originated from
    the website of any affiliate of ours with the result of reducing any
    compensation or other payment earned by or owing to such affiliate.  

    (f) You may not issue or post any press release or other broad-based communication
    regarding your participation in the Program unless you receive our prior
    written consent. You may promote your website via mailings to recipients who
    are customers or subscribers to your website's services, provided that the
    recipients have the option to remove themselves from future mailings and that
    you otherwise comply with all applicable laws of your jurisdiction. Further,
    you may promote your website via newsgroup postings to newsgroups that welcome
    commercial messages.   

    (g) You may promote your affiliate store
    on social media platforms provided that you use the correct and appropriate
    name and brand likeness. This includes the following:

    (1) Correct spelling and capitalization of our brand's name - EverydayYoga;

    (2) When tagging us in social media posts, you must utilize our correct handle
    which is: @EverydayYoga; and

    (3) You are not required to include our hashtags but if you do, ensure that you use
    the correct form: #EverydayYoga & #YogaSideEffects.

    (h) We do not permit any promoters of coupons or other discounts to join the
    Program. No commissions shall be payable to any such parties. The Program is
    void where prohibited.

    (i) You will not promote any products or services to children under the age of
    thirteen (13). 

    We reserve the right to modify these rules at any time. If we determine, in our
    sole discretion, that you have violated any of the foregoing restrictions, we
    may withhold any commission otherwise payable to you under this Agreement
    and/or terminate this Agreement. If we are required to enforce any of the
    foregoing restrictions, you will be obligated to reimburse us for any
    attorneys' fees or expenses that we may incur.

    6. Order Processing 

    We will process product orders placed by customers who follow a Program Link from
    your website to our Website. We reserve the right to reject orders that do not
    comply with any requirements that we may establish. We will be responsible for
    all aspects of order processing and fulfillment. Among other things, we will
    prepare order forms, process payments, cancellations and returns, and handle
    customer service. Through Refersion, our affiliate marketing platform, we will
    track sales made to customers who purchase products using Program Links and
    will make available to you reports summarizing this sales activity. You will
    not receive any of our individual customer information.

    7. Payments

    You will be eligible to earn affiliate payments on certain product sales in
    accordance with Section 8 below. For a product sale to be eligible for
    payments, the customer must follow a Program Link from your website to our
    Website, select and purchase the product using our service provider’s shopping
    platform, accept delivery of the product at the shipping destination, and remit
    full payment to us. No affiliate payments will be paid if the visitor to the
    affiliate’s website cannot be tracked by our system.

     8. Earning Affiliate Payments

    We may pay affiliates based on a percentage of sales, a flat rate, or a tiered
    commission structure. The payment method and percentage is subject to change
    from time to time, in our sole discretion. Certain affiliates may receive
    offers to be paid under different commission structures as we may determine
    from time to time. If a product that generated commissions is returned by the
    customer, we will deduct the corresponding commission from your next commission
    payment. All commission related data under the Program is collected, calculated
    and managed by Refersion, our affiliate marketing platform, and its data will
    be the only valid basis used for determining commissions.

    9. Length of Cookie Purchase Period

    Our Program uses a seven (7) day cookie purchase period. This means that if a
    visitor to your website clicks through a Program Link to our Website, you will
    be eligible for commissions related to purchases made by your visitor within
    seven (7) days of its click on the Program Link on your website. We will pay
    commissions to only one affiliate for purchases associated with a given cookie.
    To the extent multiple affiliates request payments, Refersion shall determine
    which affiliate to pay. Its decision shall be final and binding. We may change
    the length of our cookie period from time to time.

    10. Commission Payments

    No commissions will be paid to you until you have accrued affiliate payments of at least
    $25.00. Any money held in your account will not collect interest. Subject to
    the foregoing, we will pay commissions on a quarterly basis. Sixty (60) days
    following the end of each quarter, we will pay commissions to you through
    PayPal or we may give you a gift card at your option. You authorize us to share
    with PayPal such information and other transaction information necessary for our
    use of the payment processing services provided by PayPal.

    If a product that generated commissions is returned by the customer, we will
    deduct the corresponding commission from your next commission payment. If there
    is no subsequent affiliate payment to you, we will send you a bill for the

    Affiliate accounts that are “abandoned” will be removed from the Program if their balance
    is less than $25. An abandoned account is any account that has not been logged
    into for a period of one (1) year without any transactions having
    been posted to that account.

     11. Customer Policies And Pricing 

    Customers who buy products through the Program are customers of All of
    our rules, policies, and operating procedures concerning customer orders,
    customer service, and product sales will apply to those customers. We may
    change our policies and operating procedures at any time. For example, we will
    determine the prices to be charged for products sold under this Program in
    accordance with our own pricing policies. Product prices and availability may
    vary from time to time. We will use commercially reasonable efforts to present
    accurate information, but we cannot guarantee the availability or price of any
    particular product. 

    12. Special Rules for Endorsements

    All endorsements made by you in connection with any promotions of any product will
    be accurate and contain all disclosures and disclaimers necessary to prevent
    such endorsements from being false or deceptive. Such disclosures and
    disclaimers must be made in a clear and conspicuous manner, and comply with all
    U.S. federal and state laws, including U.S. Federal Trade Commission
    ("FTC") regulations, policies and guidelines governing advertising,
    disclosure and consumer protection, including the FTC's Endorsement Guidelines.
    The Guidelines may be found here:

    13. Responsibility For Your Website 

    You will be solely responsible for the development, operation, and maintenance of
    your website and for all materials or content that appear on your website. You
    are responsible for ensuring that materials posted on your website do not
    infringe the intellectual property rights of any person or entity. You must
    have express permission to use another party's intellectual property. We will
    not be responsible if you use another party's intellectual property in
    violation of their rights. You will indemnify and hold us harmless from all
    claims, damages, and expenses (including, without limitation, attorneys' fees)
    relating to the development, operation, maintenance, and contents of your

    14. Data Protection

    If you receive any personal identifying information from our customers (“PII")
    or process such PII under the Program, you warrant, represent and covenant to
    us that you will comply with all applicable privacy and data protection laws
    rules and regulations. You agree to implement appropriate systems and processes
    to comply with this requirement. As such you shall establish and maintain
    physical, electronic and procedural safeguards to prevent the unauthorized
    access, use, copying, disclosure, modification, transference, destruction, loss,
    or alteration of any PII during your use, transmission or storage of any such
    PII under the Program.

    If you receive any PII from our customers, you will: (1) indemnify us for any
    claim, expense, demand or cost related to your receipt or use of such information
    or violation of any privacy law or regulation; (2) upon request, provide us
    with information sufficient to demonstrate your compliance with this section,
    and allow us to audit your data practices if necessary in our sole discretion; and (3) manage such
    PII as we may direct.

    15. Term

    The term of this Agreement will begin upon our acceptance of your Program
    Application and will end when terminated by either party. Either you or we may
    terminate this Agreement at any time, with or without cause, by giving the
    other party written notice of termination. Upon the termination of this
    Agreement, you will immediately cease use of, and remove from your website, all
    Program Links, the Content, all of our Marks, and all other materials provided
    by us in connection with the Program. You are only eligible to earn commissions
    during the term of this Agreement, and commissions earned through the date of
    termination will remain payable subject to Section 8 above. We may withhold
    your final payment for a reasonable time to ensure that the correct amount is

    16. Modification 

    We may modify any provision of this Agreement at any time by posting a change
    notice or a new agreement on our Website. We may also announce changes to the
    terms of this Agreement by email. If any modification is unacceptable to you,
    your only recourse is to terminate this Agreement. Your continued participation
    in the Program following our posting of a change notice or new agreement on our
    Website will constitute your acceptance of the change. 

    17. Limitation Of Liability; Indemnification 

    We will not be liable for indirect, special, or consequential damages (or any loss
    of revenue, profits, or data) arising in connection with this Agreement or the
    Program, even if we have been advised of the possibility of such damages.
    Further, our aggregate liability arising with respect to this Agreement and the
    Program will not exceed the total commission fees paid or payable to you under
    this Agreement within the last six (6) months. Unless you notify us of a
    discrepancy in your commission payments within six (6) months from the date of
    the applicable payment, such payment shall be deemed accepted and no protest
    shall be allowed.  

    You hereby agree to indemnify and hold harmless Spiraledge and its subsidiaries and
    affiliates, and their directors, officers, employees, agents, and shareholders
    against any and all claims, actions, demands, liabilities, losses, damages,
    judgments, settlements, costs, and expenses (including reasonable attorneys'
    fees) (collectively, the "Losses") insofar as such Losses arise out
    of or are based on (a) any claim that your use of any trademark or other
    intellectual property infringes on any other trademark or intellectual property
    belonging to any third party, (b) any breach of a representation, warranty, covenant or agreement made by you in this Agreement, or (c) any
    claim related to your website, including, without limitation, any content that
    resides on your website but that was not provided by us.

    18. Miscellaneous 

    You hereby represent and warrant to us that (i) this Agreement is a legal, valid,
    and binding obligation, enforceable against you in accordance with its terms;
    and (ii) any information you provide to us in connection with your
    participation in the Program will be true and correct. This Agreement will be
    governed by the laws of the State of California, without reference to rules
    governing choice of laws. Any action relating to this Agreement must be brought
    in the federal or state courts located in Santa Clara County, California, and
    you irrevocably consent to the jurisdiction of such courts. We may assign our
    rights and duties under this Agreement in our sole discretion. You may not
    assign your rights or duties under this Agreement. This Agreement shall be binding
    upon and shall inure to the benefit of the parties and their respective heirs,
    legal representatives, beneficiaries, successors, and permitted assigns. You
    and we are independent contractors, and nothing in this Agreement will create
    any partnership, joint venture, agency, franchise, sales representative, or
    employment relationship between the parties. You will have no authority to make
    or accept any offers or representations on our behalf.

    19. Arbitration

    Any dispute, claim or controversy arising out of or relating to this Agreement or
    the breach, termination, enforcement, interpretation or validity thereof,
    including the determination of the scope or applicability of this agreement to
    arbitrate, shall be determined by arbitration in Santa Clara County, California
    before three arbitrators. The arbitration shall be
    administered by JAMS pursuant to its Comprehensive Arbitration Rules and
    Procedures. Judgment on the award may be entered in any court having
    jurisdiction. This clause shall not preclude parties from seeking provisional
    remedies in aid of arbitration from a court of appropriate jurisdiction. This
    arbitration agreement and the rights of the parties hereunder shall be governed
    by and construed in accordance with the laws of the State of California,
    exclusive of conflict or choice of law rules. The parties acknowledge that this
    Agreement evidences a transaction involving interstate commerce.
    Notwithstanding the provision in the preceding paragraph with respect to
    applicable substantive law, any arbitration conducted pursuant to the terms of
    this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C.,
    Secs. 1-16). In any arbitration arising out of or related to this Agreement,
    the arbitrators may not award any incidental, indirect or consequential
    damages, including damages for lost profits.