Partner Program Terms of Service
Below you’ll find the Partner Program Terms of Service. By signing up as a partner with The Stretching Institute (and StretchCoach.com), you agree to the following Terms of Service.
This agreement is by and between The Stretching Institute and/or their assigns and all affiliates. Unless the context requires otherwise, The Stretching Institute and/or their assigns shall be referred to as ‘us, we, or our’ and you shall be referred to as ‘you, your or affiliate.’
You understand that The Stretching Institute and/or their assigns does not guarantee or predict any type of profit or response from said services. Affiliate agrees to hold The Stretching Institute harmless from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, joint or several, of whatever kind or nature that The Stretching Institute and/or their assigns may become subject arising out of or relating in any way to the use of the services provided under this agreement, including, without limitation, in each case attorneys’ fees, costs and expenses actually incurred in defending against or enforcing any such losses, claims, expenses, suits, damages or liabilities.
A. Services to be provided. We agree to pay you certain commissions as described on our website for referral sales made by customers. You agree to accept payment via your nominated PayPal account.
B. Termination. We may terminate your account:
- if you violate our Terms Of Service Policy;
- if you promote The Stretching Institute in a manner that is unethical or inappropriate; or
- for any reason, in our sole discretion.
C. No Warranties. WE MAKE NO WARRANTIES TO YOU OF ANY KIND, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICE THE STRETCHING INSTITUTE, AND/OR THEIR ASSIGNS PROVIDE YOU. WE EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANT ABILITY OR FITNESS OF THIS SERVICE FOR A PARTICULAR PURPOSE. We shall not be liable for any damages suffered by you, whether indirect, special, incidental, exemplary, or consequential, including, but not limited to, loss of data or service interruptions, regardless of cause or fault. We are not responsible for your lost profits or for your loss of data or information.
D. TERMS. You agree:
- to use our system in a manner that is ethical and in conformity with community standards;
- to respect the privacy of other users (you shall not intentionally seek data or passwords belonging to other users, nor will you modify files or represent yourself as another user unless explicitly authorized to do so by that user);
- to respect the legal protection provided by copyright law, trade secret law, or other laws protecting intellectual property; and
- to accept commercial emails from us.
If we learn of a violation or likely violation of our TERMS OF SERVICE, we will attempt to notify you. If you do not take immediate remedial action that is satisfactory to us, or in the event of a serious violation of the TERMS OF SERVICE, we reserve the right to terminate your account immediately. Every effort will be made to inform you prior to account termination, and to re-establish your account upon receiving such representations from you as we deem appropriate in the circumstances.
It is against your affiliate agreement to advertise our website, our products, or any other website promoting our products, via unsolicited email (SPAM). DO NOT send unsolicited email to promote us or our products, or you will be in violation of your affiliate agreement and your account will be terminated, forfeiting all outstanding referral fees. YOUR SERVICE WILL BE TERMINATED IMMEDIATELY AND WITHOUT WARNING SHOULD YOU USE OUR SYSTEM AS PART OF ANY BULK EMAIL CAMPAIGN. You may also be subject to fines and legal actions as a result of your bulk email promotions.
PAY PER CLICK
It is against your affiliate agreement to advertise our website or our products via PAY PER CLICK (PPC) or PAY PER IMPRESSION (CPI, CPM) advertising networks; including Google AdWords, Yahoo Search Marketing, MSN AdCenter, MIVA, SearchFeed, 7Search or any other PPC, CPI or CPM advertising network. DO NOT promote us, or our products, on any PPC, CPI or CPM advertising network, or you will be in violation of your affiliate agreement and your account will be terminated, forfeiting all outstanding referral fees. You may also be subject to fines and legal actions as a result of your PPC, CPI or CPM advertising promotions.
E. Assignment. This agreement is personal to you. You may not assign your rights under this agreement without our prior written consent. If you do assign your rights, as would be the case were someone other than you were to use your account, you shall remain liable to us for any fees due under this agreement. We may assign this agreement at any time.
F. Change of Terms and Conditions. We reserve the right to change the terms and conditions of this agreement as needed. Use of our servers by you after said changes constitutes acceptance of those new terms and conditions. If you do not agree to the new terms and conditions, you may terminate this agreement in accordance with Section B.
G. Notification of Account Changes. You agree to provide us with such other information relating to your use of this service as we deem necessary or desirable. You agree to notify us if your address, email address, telephone number, billing information, and any other information associate with your affiliate account changes.
H. Notices. All notices, requests, demands, and other communications under this agreement shall be in writing and shall be deemed to have been given on the date of delivery: if delivered personally to the party to whom notice is to be given; if sent by electronic mail with a cc: to sender; if sent by fax; or on the third day after mailing by first class mail.
I. General Provisions.
- The subject headings of the articles and sections are for convenience only, and shall not affect the construction or interpretation of any of its provisions.
- If any portion of this agreement is found invalid or unenforceable, that portion shall be severed and the remainder of this agreement shall remain in force.
- This agreement constitutes the entire agreement between us pertaining to its subject matter and supersedes all prior agreements, representations, and understandings.
- Subject to Section I, no supplement, modification, or amendment of this agreement shall be binding unless executed in writing by both parties.
- No waiver of any of the provisions of this agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.
- This agreement may be executed in one or more counterparts. Each shall be deemed an original, but all of which together shall constitute one and the same instrument.
- If an organization is the affiliate, the individual signing up for our services represents that he or she is duly authorized to enter into this agreement on behalf of that organization.
- In the event of a dispute, the parties agree to submit the matter to the Community Dispute Resolution Service or any recognized Arbitration Board located within our state and county, before instituting litigation.