Marvelous Affiliate Program Agreement Terms
The Marvelous Affiliate Program Agreement Terms (“Agreement”) govern the affiliate’s (“Affiliate” or “You” or “Your”) marketing of Namastream Corporation dba Marvelous and Hey Marvelous (referred to as “We”, “Us” or the “Company”) products and services.
By joining the Marvelous Affiliate Program, sometimes referred to as the “Namastream Affiliate Program” and collectively referred to as the “Affiliate Program”, You are voluntarily consenting to this Agreement, which contains the terms and conditions of the Affiliate Program.
1. Term and Termination
The term of this Agreement (the "Term") will begin upon the date You sign up as an Affiliate. Either You or We may terminate this Agreement at any time, with or without cause, and without notice. Failure to comply with the terms of this Agreement may result in immediate termination of this Agreement by Us and forfeiture by You of any accrued, unpaid commissions. We will pay any pending commissions owed to You through the date of termination (the “Termination Date) if a cancellation of this Agreement occurs for any reason other than your violation of this Agreement.
Subject to the foregoing, You are only eligible to earn a commission on sales occurring during the Term, and commissions earned through the Termination Date will remain payable only if We actually receive payment and no cancellation is made or refund is issued as described herein. We may withhold final payment for a reasonable time to ensure against cancellations or refunds.
To enroll in the Affiliate Program, you must (1) complete the registration process and agree to the Affiliate Program Agreement at https://app.heymarvelous.com/affiliate-signup or enroll from your Teacher Dashboard through the Share & Earn options; and (2) provide a valid PayPal account for receiving payment. Company reserves the right to re-evaluate your registration at any time and reserves the right to terminate this Agreement and your participation in the Affiliate Program at any time with or without notice. Each Affiliate is responsible for assuring that its employees, agents, and contractors comply with this Agreement. We make no guarantee that You will be an affiliate for any of the Company’s future launches, services, plans, products, or programs.
By participating in the Affiliate Program, you warrant that you are not a resident of any country currently under sanction by the Office of Foreign Assets Control (“OFAC”), which include: Balkans, Belarus, Burma, Cote d’Ivoire, Cuba, DR of the Congo, Iran, Iraq, Liberia (the former regime of Charles Taylor), Lebanon, Libya, North Korea, Somalia, Sudan, Syria, Yemen, and Zimbabwe. Please note that the list of sanctioned countries can change at any time; however, a current list can always be located at:
Participation in the Affiliate Program as a resident of a sanctioned country is prohibited. You further agree to comply with applicable OFAC restrictions and to not advertise or otherwise engage in commercial activities with persons or businesses residing in countries under sanction. You are responsible for compliance with the laws of your local jurisdiction. Each Affiliate is responsible for compliance with all applicable U.S. laws and regulations. Pursuant to Section 1, you must have a PayPal account to participate, which is not available in all countries. Your use of PayPal will be subject to separate terms required and made available by PayPal, and will not be governed by this Agreement.
You may not assign your rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of your business or assets.
2. Promotion and Tracking
We use your unique affiliate link (the "Link") to track purchases and payments by Affiliate referrals on Our site. Your unique Link is provided when you sign up to become an Affiliate. (See “Share & Earn” to find your Affiliate Link in your dashboard.)
Your Link will permit potential clients, also commonly referred to as leads, referrals, and/or customers, to navigate directly to a sales page on Our site or related site, designated by Us using your Link. If a potential client uses your Link, they will be remembered for 30 days, subject to limitations as outlined herein.
You are solely responsible for creating and integrating the Link to properly enable sales tracking. We will not be responsible for your failure to do so, including to the extent such failure may result in any reductions of amounts that would otherwise be paid to You. Commissions are only payable if they can be tracked to You with your Link. We cannot track referrals for anyone who does not accept cookies or if they delete your cookie.
Affiliate Program Restrictions:
You represent and warrant that, in connection with Your participation in the Affiliate Program, You and any advertising materials related to the Affiliate Program, will not violate any law, regulation, or regulatory rules or guidelines, including the Federal Trade Commission’s endorsement disclosure requirements pursuant to Section 3 below. Also, if you choose to promote our Affiliate Program via email campaigns, you represent and warrant that you will comply with the CAN-SPAM Act of 2003 (Public Law No. 108-187) with respect to our Affiliate Program, which includes placing an opt-out in the email and making it clear that you are the sender of the email and not acting at the direction of Company. If you are conducting business in or taking orders from persons in other countries, you will follow the laws of those countries. For example, you will comply with the European Union’s Privacy and Electronic Communications Directive, as well as the General Data Protection Regulation (GDPR), if you are conducting business in or taking orders from persons in one or more of the European Union countries.
You agree that you will not place any referral or Link on any page or screen that contains content that: advocates discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; promotes or engages in illegal activities, violates intellectual property rights of third parties; or contains or promotes deceptive information (including, but not limited to, violating federal trademark law by using the Marvelous® or Hey Marvelous® marks in a deceptive way).
3. FTC Disclosure Requirements
Where it is not expressly clear that the Link is a paid advertisement, paid advertising, or otherwise promotional in nature, and/or that You are receiving compensation in connection with the Affiliate Program, You must include a disclosure statement within any and all pages, blog posts, social media posts, or any other content where you include the Link or otherwise advertise or endorse the Affiliate Program. This “material connection disclosure” statement should be clear and concise, stating that We are compensating you for your participation in the Affiliate Program. Any statements You make about the Company must reflect your honest opinions, beliefs, or experiences and must not be false, misleading, or unsupported. You must follow these guidelines in making your material connection disclosures: 1) Disclosures must be made as close as possible to the claims; 2) Disclosures must be placed above the fold; scrolling should not be necessary to find the disclosure. (e.g. Disclosure must be visible before the jump); and 3) Pop-up disclosures are prohibited.
You agree that You are responsible for disclosing that the Link provided on your site or marketed to potential clients by other means are affiliate links in accordance with Section 5 of the Federal Trade Commission Act and any other legal requirements in your jurisdiction. For more information about FTC disclosure requirements, see the FTC’s “.Com Disclosures”; the e-CFR Guide; and the FTC’s Native Advertising Guide.
4. Referral Fee (Commission)
For each referral using your Link that completes a transaction and results in a payment to the Company (“Qualifying Purchase”), You will receive 30% of the revenue generated by such client for two years after their initial transaction with the Company in the form of a service fee (“Referral Fee”). For example, if someone you refer selects a monthly payment plan for $179 a month, you will receive a Referral Fee (also referred to as a commission) for $53.70 for every month they complete a payment for 24 months that they are an active, paying client still paying on a Qualified Purchase. Any payment received by Company through Stripe from a customer will result in a valid referral created and a payable Referral Fee, subject to verification and approval by Company. To earn Referral Fees, you must comply with all terms of this Agreement, including the Affiliate Program Restrictions and FTC disclosure requirements in Section 3.
Only purchases of the Company’s monthly or annual, Solo, Pro, or Growth plan qualify as a Qualifying Purchase. Purchases of other plans or coaching programs do not qualify as a Qualifying Purchase under this Agreement. If you are interested in becoming an affiliate related to our coaching programs, please email affiliates@heymarvelous.com.
Referral Fees will not be payable on sales otherwise made from Our site or related sites, even if the client previously made a Qualifying Purchase. You will only receive a Referral Fee on Qualifying Purchases by a client, subject to the terms herein. If a potential client switches to a non-qualified plan and/or enrolls in any coaching program such purchases are not Qualifying Purchases.
5. Payment Schedule
Earned Referral Fees will be paid monthly, typically within 30 to 45 days of a Qualified Purchase. Payment of Referral Fees are made via PayPal. Reports of sales for which Referral Fees are payable are available on your dashboard and will be provided in monthly statements.
Referral Fees are only payable only if We actually receive payment and no cancellation is made, or refund is issued. If the client cancels or a refund is issued for any reason, the purchase will not be considered a Qualifying Purchase. If you have already been paid a Referral Fee for a purchase that is canceled or refunded, your account will show a debit for the associated Referral Fee that is no longer a Qualifying Purchase, which will only be offset by future Referral Fees, if any.
You will maintain accurate and complete records relating to Your conduct under the Affiliate Program. Upon request, you will enable Company or its designated agent to audit your records and other materials to verify your compliance with the Agreement. Company will provide notice of an audit request. In addition, you will promptly provide such records and other materials, and provide other cooperation and assistance, as requested by Company. You will promptly notify Company of any inquiry received by you from any news media, reporter, publication, trade association, or governmental authority, and of any complaints or allegations of wrongdoing received by You, with regard to Company, the Affiliate Program, or your conduct under this Agreement.
6. Site Downtime.
Each party acknowledges that their respective sites may be subject to temporary downtime due to maintenance and/or causes beyond their reasonable control subject to the specific terms of this Agreement, retains sole right and control over the programming, content, and conduct of transactions over its respective site or service.
7. Disclaimers.
We cannot and do not guarantee any financial results or business outcomes from participating in the Affiliate Program.
EACH PARTY SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY REGARDING (i) THE AMOUNT OF SALES THAT EACH PARTY MAY GENERATE DURING THE TERM, AND (ii) ANY ECONOMIC OR OTHER BENEFIT THAT THE OTHER PARTY MIGHT OBTAIN THROUGH ITS PARTICIPATION IN THIS AGREEMENT.
WE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA) ARISING OUT OF THIS AGREEMENT. OUR ENTIRE LIABILITY ARISING FROM THIS AGREEMENT WHETHER IN CONTRACT OR TORT, WILL NOT EXCEED THE AMOUNTS PAYABLE TO YOU HEREUNDER.
8. Fulfillment and Client (Customer) Contact Policy
We will be solely responsible for fulfilling all orders and payment processing, and clients who purchase anything from Us through the Affiliate Program will be deemed Our client (customer). Accordingly, all rules, policies, operating procedures, and information concerning client purchases and sales will apply to those clients, including our rules of privacy and confidentiality. We may change our policies and operating procedures at any time, without notice. You may not contact any client after a Qualifying Purchase to solicit additional sales or to add them to any email list used for marketing purposes.
9. Intellectual Property Rights
We grant to You during the Term a non-exclusive, non-transferable, royalty-free license to establish hyperlinks between your and Our sites and to use Our trade names, logos, trademarks, and service marks (“Our Marks") on your site and marketing efforts solely as is reasonably necessary to establish and promote such hyperlinks; provided, however, that any other promotional materials or usages containing any of Our Marks will be subject to Our prior written approval.
You hereby grant to Us during the Term, a non-exclusive, non-transferable, royalty-free license to establish hyperlinks between your and Our Sites and to use your trade names, logos, trademarks, and service marks solely as is reasonably necessary to establish and promote such hyperlinks.
Except as set forth above, we each reserve all rights, title, and interest in respective intellectual property rights (including, but not limited to, patents, copyrights, trade secrets, trademarks, and other intellectual property rights). Use of the other's marks except as set forth herein is strictly prohibited.
10. Indemnification
You agree to indemnify, defend and hold harmless Us and Our affiliates, directors, officers, employees, and agents, from and against any and all liability, claims, losses, damages, injuries, or expenses (including reasonable attorney's fees) relating to the operation of your site, a breach of your obligations under this Agreement, or the violation of any third-party intellectual property rights of editorial content or other materials of your site.
11. Non-Disclosure and Confidentiality
In order to assist You in performing your obligations under this Agreement, You may have access to certain confidential information. For purposes of this Agreement, “Confidential Information” includes all information or material that has or could have commercial value or other utility in the business in which We are engaged, or to Our clients or their business, and which is not generally known to the public, including without limitation the Affiliate Program, the content of Our products and services, and Our launch strategy. You agree to keep all Confidential Information strictly confidential and not to use or disclose this information to third parties or for the benefit of anyone other than Us, unless You first obtain written permission from Us permitting You to disclose such information.
The non-disclosure provisions of this Agreement shall survive the termination of this Agreement and your duty to hold Confidential Information in confidence shall remain in effect until the Confidential Information no longer has or could have commercial value or other utility in the business in which We or Our clients are engaged, or until it becomes publicly known. You agree that any violation or threatened violation of this Non-Disclosure and Confidentiality term would cause irreparable injury to Us that may not be adequately compensated by damages, entitling Us to obtain injunctive relief, without bond, in addition to all legal remedies available under the law.
12. General Provisions
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 Company. You will have no authority to make or accept any offers or representations on Company’s behalf. You will not make any statement, online or otherwise, that reasonably would contradict anything in this Section. You may be required to complete a Form W-9 or W-8BEN as a condition of receiving your Affiliate Fees and will cooperate with all requests by Company to complete documentation in connection with your participation in the Affiliate Program and to comply with applicable tax obligations.
In the performance of this Agreement and in the operation of your site, You will comply with all applicable laws, regulations, orders, and other requirements, now or hereafter in effect, of governmental authorities having jurisdiction. Without limiting the generality of the foregoing, You will pay, collect and remit such taxes as may be imposed with respect to any compensation or transactions under this Agreement.
The Company reserves the right, in its discretion, to change the terms of this Agreement. The most current version of the Agreement will supersede all previous versions. Any changes to Referral Fee shall not be retroactive unless otherwise stated in these terms. We encourage you to periodically review this Agreement to stay informed of the Company’s updates. Your continued access and use of the Marvelous Affiliate Program constitutes your understanding of, and agreement to, any updated terms of this Agreement.
This Agreement will be governed by the laws of the state of Washington in the U.S.A. You agree to submit to the jurisdiction and venue of the state and federal courts in or nearest to Seattle, Washington, and waive any defense of lack of personal jurisdiction or forum non conveniens.
13. Entire Agreement
This Agreement constitutes the entire Agreement and understanding between the Company and You and supersedes all prior agreements, written or oral, between the Company and You with respect to the subject matter hereof. Any such prior affiliate agreements are hereby terminated with immediate effect. You may not amend or waive any provision of this Agreement unless in writing and signed by both parties. The Affiliate may, with the consent of the Company enter into a written Alternate Marvelous Affiliate Program Agreement that supersedes this Agreement (“Alternate Agreement”), signed by the Affiliate. In the event of a conflict between this Agreement and an executed Alternate Agreement, the terms of the Alternate Agreement will prevail.
14. Other
You agree to our Terms of Service and our Privacy Policy. In the event of any conflict between the Terms of Service and this Agreement related to the Affiliate Program, this Agreement will control.