Affiliate Terms & Conditions
The Energetic Health Institute Affiliate Program: This document hereto (the “Agreement”), is between Energetic Health Institute (“Company”), and you (“Affiliate”) and is effective as of the date that you click “I Agree to Terms” to this Agreement. By accepting this Agreement, you expressly agree to the terms and conditions set forth in this Agreement. In connection with Company’s sale of online courses, events, and other products available on https://my.energetichealthinstitute.org, or any of the EHI Family of websites, hereinafter “Products,” the Company engages Affiliates, hereinafter “Affiliates” to provide marketing, advertising, and promotion services offline and through Affiliate’s websites and other online and print materials in exchange for a commission on qualified sales.
Affiliate Responsibilities
Your participation in the Affiliate Program (AP) is solely for the purpose of legally advertising our products and receiving a commission on educational programs and products purchased by the people you refer. It is your responsibility to do the following: (1) Direct prospects to engage with Company through Company websites or by contacting Company by telephone or email; (2) Be truthful in all representations that you make regarding the Company and/or the Products; (3) Comply with all laws such as those that govern email marketing, anti-spam laws, and FTC Disclosure; (4) Pay for all costs you incur in connection with marketing the Product, including printing, and your website related costs; (5) Ensure that you are able to accept commission payments from Company via PayPal.
Company Responsibilities
Company will provide order processing, order fulfillment, and installation related customer support and services. Company’s customer service email address is affiliates@energetichealthinstitute.org or one will be provided specific to the company Affiliates are promoting. Affiliate may display this contact information on its website and otherwise provide it to potential prospects and customers.
Affiliate Links
Company provides graphic and text links for use on Affiliate website, social media channels and in emails.
Marketing
Affiliate may use links, graphics and text provided by Company, without prior review. Affiliate may not remove or alter the copyright notice on Company materials. Affiliate may also advertise the website, https://my.energetichealthinstitute.org (“the Website”) in print classified ads, magazines, and newspapers. Such materials must be approved prior to use. For approval, email the proposed advertisement to affiliates@energetichealthinstitute.org.
Restrictions on Sale Prices
The Energetic Health Institute intends to have the most competitive offer in the marketplace by offering discounts and bonuses for those who order through us. AFFILIATES ARE EXPRESSLY PROHIBITED FROM OFFERING ANY SALE OR DISCOUNTED PRICES LOWER THAN THOSE OFFERED BY THE ENERGETIC HEALTH INSITUTE AND POSTED ON MY.ENERGETICHEALTHINSTITUTE.ORG OR ANY OF THE EHI FAMILY OF WEBSITES. ANY VIOLATIONS OF THE “RESTRICTIONS ON SALE PRICES” COVENANT WILL LEAD TO IMMEDIATE TERMINATION OF AFFILIATE PRIVILEGES AND FORFEITURE OF ALL UNPAID COMMISSIONS FROM THE EFFECTIVE DATE OF THIS AGREEMENT. If you have any questions, email us at affiliates@energetichealthinstitute.org.
Online Affiliate Tracking
When a prospect clicks your Affiliate link, a cookie is set in their browser that contains your Affiliate username. Also, their IP address is tracked in the database along with your Affiliate name. When this person buys a product, the script will look for this cookie and match their IP address to identify the Affiliate who will be awarded the commission. Visitors sent through your Affiliate link may make a purchase later and the commission will still be awarded if the cookie is present in their browser and they are using the same IP address as the one logged in the database. Cookies are tracked for at least 30 days. There are many Affiliates. In the event that multiple Affiliates market to the same prospect, the last cookie clicked by the prospect before placing their order will be credited the commission. The best way to make sure you are compensated for your efforts is to follow up with people and make sure they make a purchase when you connect them with the Company. From time to time a prospective customer will click on your link on one device such as a computer and then make a purchase from another device such as an iPad. In these cases, the tracking is lost. Company recognizes the key to our success is making sure Affiliates are compensated for their efforts and as such sales processed without a referring Affiliate will be kept unassigned for one year. Affiliates who provide reasonable data that confirms they were responsible for having referred an unassigned sale will be awarded the commission. Data credibility is determined at the sole discretion of Company. In the event of confusion about which Affiliate caused a sale, Company will make a decision on a best efforts basis with the information that is available. Company reserves the right to split a commission between Affiliates at its sole discretion. Affiliate should also offer their audience their promocode to make sales easier to track.
Commissions
Commissions are paid on all sales where the referring Affiliate is determined using the methods described above. To receive a commission, Affiliates must provide a valid ACH Direct Deposit or PayPal account Authorization and keep it up to date. Commission payments are made via ACH Direct Deposit or PayPal once per month with “qualified” purchases. Company reserves the right to authorize payment by check at their discretion. In the event of a refund or charge-back after Company pays Affiliate commission, the amount of the commission associated with the refund will be deducted from future earnings. Purchases become “qualified” one month after the order is received by customer. For example: An order received on January 15th is qualified on February 15th and the commission is paid on March 1st. Minimum amount for commission payout is $250. Affiliates are responsible for any and all fees, exchange rates, surcharges and other expenses incurred in order to receive their commissions. Please check with your local banking institution or PayPal to find out if any of these apply for your account. Company utilizes ACH Direct Deposit and PayPal as there are typically no fees to the recipient.
For Courses, commissions are 10% for all final sales of the order amount less any items for which the Company incurs expense such as credit card processing fees and sales tax, typically this amounts to approximately 5% of total sales ordered for Courses. Affiliate commissions are based upon the final sale price less any Company incentives that reduce the listed price.
For Conferences and Events, commissions are 25% for all pre-conference final sales of the order amount less any items for which the Company incurs expense such as credit card processing fees and sales tax, typically this amounts to approximately 5% of total sales ordered for Conferences. Affiliate commissions are based upon the final sale price less any Company incentives that reduce the listed price.
Company has the right to deactivate any Affiliate’s account where there has not been a recorded sale using Affiliate link or promocode within 365 days. In the event of any unpaid commissions, those commissions are forfeited to the Company in these situations.
Relationship
This Affiliate relationship is one of independent contractors. Company makes no representation that the operation of the service will be uninterrupted or error-free, and Company will not be liable for the consequences of any interruptions or errors.
Changes to Terms of Agreement
Company may change the program or service policies and operating procedures at any time. If any modification to the terms is unacceptable to you, your only choice is to terminate your Affiliate account. Your continuing participation in the program will constitute your acceptance of any change.
FTC Disclosure
It is your duty to comply with Federal Trade Commission regulations related to advertising (See http://ftc.gov/os/2009/10/091005endorsementguidesfnnotice.pdf for more information.). This includes Federal Trade Commission 16 CFR Part 255: Guides Concerning the Use of Endorsements and Testimonials in Advertising, which requires that material relationships be disclosed in endorsements and testimonials.
Nondiscrimination Policy
The Energetic Health Institute proudly accepts and admits students and Affiliates of all races, all skin colors, all religious beliefs, all genders, all ages (above 18), all sexual orientations, all nationalities, and all ethnicities with full rights, privileges, and access to all programs and activities generally afforded to each individual student of the school without discrimination or prejudice. The Energetic Health Institute does not discriminate whatsoever on the basis of race, color, religious belief, gender, age, disability, sexual orientation, nationality, or ethnicity in the administration of our educational policies, admissions policies, scholarship awards, or alternative student loan eligibility. What applies to one member of our community applies to all. Further, it is our expectation that Affiliates joining our community embrace a similar ‘zero tolerance’ approach for any and all attempts of division, derision, and degradation. One Planet, One People, One Love. Who a person is comes from the content of their character and the culmination of their acts of love and kindness towards all members of our world community. It is our mission to promote the evolution of human consciousness so that each person can live the best version of themselves. This policy is in full compliance with ORS 659.850. Please note that any student or Affiliate who feels they have been discriminated by any school, as described in ORS 345.240, may file a complaint under ORS 659A.820 with the Commissioner of the Bureau of Labor and Industries.
Any Student, Team Member, or Affiliate of the Energetic Health Institute who, after being granted due process to plead their case or have a representative plead their case, has been found to be guilty of any discriminatory act will be expelled from school or terminated from employment with the school effective immediately.
Termination & Zero Tolerance Policy For Hatred Or Harm
The Energetic Health Institute reserves the right to decline admission, dismiss any enrolled student, or terminate any employee, independent contractor, Affiliate or partner for attempting to bully, intimidate, harm or act in a manner unbecoming of an EHI Healer. This agreement may be terminated by either party at any time for any reason. Any act flagged for potentially spreading hatred or harm through our community, any act that offends the highest ideals of our community, or any act that attempts to spread hatred or harm will be given due process by our Leadership Council & governing board members. If, under the discretion of the Leadership Council & board members, an action is deemed to have violated this policy the Energetic Health Institute reserves the right to terminate any and all aspects of our relationship with the offending person at our discretion with detailed notification of cause. You are only eligible to earn Affiliate payments during your time as an Affiliate. Confidentiality, non-disclosure and non-circumvent provision of this agreement shall survive termination.
Discontinuation of Affiliate Partnership
If you would like to discontinue your Affiliate status, simply deactivate your account as an Ambassador for the Energetic Health Institute. However, we are not responsible for removing your personal information from any lists of third parties who have previously been provided with your information according to this Privacy Policy or your consent. Company has the right to deactivate any Affiliate’s account where there has not been a recorded sale using Affiliate link or promocode within 365 days. In the event of any unpaid commissions, those commissions are forfeited to the Company in these situations.
Liability
Company will not be liable for indirect or accidental damages (loss of revenue, commissions) due to Affiliate tracking failures, loss of database files, and any results of “intents of harm” to the program or Company website(s). Company does not make any expressed or implied warranties with respect to the Affiliate Program and/or products sold at this site. Company makes no claim that the operation of the Affiliate Program and Company website will be error-free and Company will not be liable for any interruptions or errors.
Indemnification
Affiliate shall defend, indemnify, and hold the Company and its respective agents, members, shareholders, directors, employees, and representatives harmless for, from and against any and all claims, actions, causes of action, demands, suits, liabilities, damages, leases, costs, or expenses (including attorneys’ fees, court costs, and costs of settlement) arising out of acts or omissions of Affiliate. This Section shall survive the termination and/or expiration of the term of this Agreement.
Confidential Information
As used herein, “Confidential Information” shall consist of all information, whether in written, graphic, oral, electronic or other form, furnished or disclosed on or after the Effective Date, or previously furnished or disclosed, by Company to Affiliate or Affiliate’s Representatives (“Representative” defined as any director, officer, employee, or agent) and specifically includes, but is not limited to ideas, concepts, business and financial information, graphic representations, product descriptions and information, and marketing and strategic plans. The term “Confidential Information” shall not include any: Information rightfully in the possession of, or already known to, the Affiliate before it was disclosed to Affiliate by Company; Information in the public domain at the time of disclosure, or which, after such disclosure, enters into the public domain through no breach of this Agreement by the Affiliate; Information lawfully furnished or disclosed to the Affiliate by a non-Party without any obligation of confidentiality and through no breach of this Agreement by the Affiliate; or Information independently developed by Affiliate without the use of any Confidential Information.
Ownership of Confidential Information
Company shall remain the sole owner of such Confidential Information. Nothing contained in this Agreement shall be construed as granting or conferring any right or license in the Confidential Information or in any patents, copyrights or other technology, trade secrets or other intellectual property, either expressly or by implication to the Affiliate.
Limits on Use and Disclosure of Confidential Information
Affiliate covenants and agrees that: Confidential Information received by Affiliate from Company shall be used only for purposes of marketing the Products and for no other reason. Specifically, the Confidential Information may not be used by Affiliate or its Representatives to the detriment of Company. Affiliate shall take all reasonable steps to safeguard and protect Confidential Information disclosed by Company from any theft, loss, unauthorized access, unauthorized use or disclosure and accord it at least the same degree of confidential and proprietary treatment as it gives its own confidential and proprietary information. Affiliate shall not, without the prior written consent of Company, disclose by itself or by any of its Representatives, any Confidential Information to any third party.
Responsibility for Representatives
Affiliate shall be solely responsible for any breach of this Agreement by its Representatives, including without limitation, any improper use or disclosure by its Representatives of the Confidential Information.
Jurisdiction and Venue/Governing Law
This Agreement and its application and interpretation shall be governed exclusively by its terms and by the laws of the State where the Company is registered to conduct business. In the event that Company is registered in multiple states, the State holding jurisdiction will be left to the discretion of the Company. Any disputes arising out of this Agreement shall be submitted to a binding arbitrator in the state of jurisdiction. The Arbitrator’s award shall be final, and judgment on the award may be entered in any court having jurisdiction thereof. Limitation of Liability: OTHER THAN THOSE WARRANTIES SET FORTH HEREIN, COMPANY SPECIFICALLY DISCLAIMS ALL WARRANTIES EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO DEFECTS IN THE SITE OR THE PRODUCT, AND ANY PARTICULAR APPLICATION OR USE OF THE SITE OR THE PRODUCT. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY LOSS OF PROFIT OR ANY OTHER COMMERCIAL DAMAGE, INCLUDING BUT NOT LIMITED TO SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES. ALL LIABILITY BY COMPANY HEREUNDER IS EXPRESSLY LIMITED TO ANY AMOUNTS PAID TO COMPANY UNDER THIS AGREEMENT.
General Provisions Entire Agreement
This Agreement and the Exhibits, Schedules and other attachments referred to herein (all of which are incorporated by this reference), if any, collectively set forth the entire agreement between the Parties as to confidentiality, and are subject to no promise, warranty or representation not expressly set forth or referred to herein. This Agreement may not be modified except by an instrument in writing signed by the Party to be bound.
Severability
In the event a court of competent jurisdiction determines that any term or provision hereof is invalid or unenforceable: (i) the remaining terms and provisions herein shall be unimpaired and shall remain in full force and effect, and (ii) the invalid or unenforceable term or provision shall be replaced by a term or provision that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term or provision.
Survival of Representations, Warranties, Covenants and Obligations: All representations, warranties, covenants and obligations of the Parties contained in this Agreement shall survive the expiration or termination of this Agreement.
Attorney’s Fees
In the event of litigation brought by any Party to enforce the terms of this Agreement or otherwise relating directly or indirectly to the transactions and agreements reflected herein, the prevailing Party, in addition to any and all other rights and remedies, will be entitled to recover all of its costs of litigation or arbitration, including but not limited to all reasonable attorney’s fee and taxable costs.
Authorization and Acceptance Any individual accepting this Agreement on behalf of an entity represents and warrants that he or she is duly authorized to accept and deliver this Agreement on behalf of such entity, and this Agreement shall be binding upon such entity in accordance with its terms. Publisher acknowledges that it has carefully read and understood this Agreement and by clicking the “click here” link, accepts and agrees to all the terms and conditions contained herein.
Inquiries
Please contact us if you have any questions regarding our Terms & Conditions. You may email us at affiliates@energetichealthinstitute.org.
