SIVAOM SCHOOL OF YOGA COMMUNITY PROGRAM TERMS AND CONDITIONS
These terms (“Terms”) govern your (“You” or “Ambassador” or “Affiliate”) participation in the SivaOm School of Yoga Community Program (the “Program”) and are legally binding between you and SivaOm School of Yoga (or “Company”).
Eligibility: To become an Ambassador/Affiliate, you must (i) be at least eighteen (18) years of age, (ii) be a current SivaOm School of Yoga student (in good standing) or a graduate of SivaOm School of Yoga (in good standing), iii) be a health practitioner, instructor, or coach and (iv) accept these Terms.
Responsibilities and Commitments:
As an Ambassador/Affiliate, you will promote the Company and certain of its products/services, as authorized by Company (including products/services branded as SivaOm School of Yoga) on social media platforms, blogs, websites, and other media outlets.
As an Ambassador/Affiliate, you agree to:
- Earn reward commissions in a percentage to the referrals you have achieved promoting the courses, trainings, events and retreats of SivaOm School of Yoga.
- The percentage paid is going to be agreed upon the agreement’s signature at the beginning of your collaboration and specifically arranged for every event.
- Include your personalized Ambassador/Affiliate booking code or link in all promotions;
- Create authentic and high-quality content that accurately and positively represents the Company and its products/services;
- Not promote or create any content depicting discrimination based on race, gender, religion, national origin, physical or mental disability, sexual orientation, or age;
- Not promote or create any content that is threatening, harassing, defamatory, obscene, and/or that contains sexually explicit material;
- Not make, publish or communicate to any person or entity or in any public forum any defamatory or disparaging remarks, comments, or statements concerning SivaOm School of Yoga (including its products and services) or any of SivaOm School of Yoga employees, directors, or partners;
- Comply with all legal and ethical requirements related to the promotion and endorsement of products and services, including those established by the Federal Trade Commission (FTC), including disclosing any material connection with the Company or its products/services and using the appropriate hashtags or other disclosures in all promotional content;
- Comply with all legal requirements related to taxes, including reporting any compensation received from the Company as income on their tax returns; and
- Comply with these Terms and any other guidance or instructions provided by SivaOm School of Yoga.
Booking Codes, Marketing Materials, and Referral Links:
SivaOm School of Yoga may provide you with a personalized affiliate booking code (“Booking Code”) that you can share including via social media, email, or via other marketing vehicles. The “Booking Code” can be used by Eligible Leads (defined below) at the point of sale (i.e. SivaOm School of Yoga website) and must otherwise be used in accordance with any instructions from SivaOm School of Yoga.
SivaOm School of Yoga may also provide you with marketing materials to promote SivaOm School of Yoga in marketing campaigns (“Marketing Materials”) and/or graphics, textual links and/or banners that establish a link to SivaOm School of Yoga website where visitors can request additional information about SivaOm School of Yoga (“Referral Links”). The Marketing Materials and Referral Links may not be modified, must be used “as is,” and must be used in accordance with any instructions from SivaOm School of Yoga including, but not necessarily limited to, the following:
- You must use the linking and booking code provided by SivaOm School of Yoga, without modification;
- You must not use any pop-ups, false and/or misleading links, or cookie stuffing techniques;
- You must not use redirects as a way to hide or maneuver the origin of a user’s click; and
- You must not link or attempt to link to any SivaOm School of Yoga website except through the use of the Referral Links.
From time to time, the Company may also provide you with products and/or services for review and promotional purposes.
Qualified Enrollments, Commissions, and Rewards.
A qualified enrollment (“Qualified Enrollment”) is an enrollment by an Eligible Lead (defined below) using your Ambassador/Affiliate Booking Code. An Eligible Lead is an enrollee who:
- Uses the Booking Code at the time of purchase;
- pays in full for the applicable product/service at the time of purchase or signs up for an SIVAOM SCHOOL OF YOGA-approved payment plan; and
- has not already received a grant, scholarship, or other discount for the product/service.
- Has not withdrawn from the Course or Retreat
Commission.
For each Qualified Enrollment, you will receive a commission (“Commission”) in the amount of 10% of net product value (after Ambassador/Affiliate booking or applied credit to the product), unless the enrollee has withdrawn from the Course or received a refund for their tuition/retreat participation. For example, if an enrollee purchases the Maha Kumbh Sacred Retreat using the Ambassador/Affiliate booking code, the Ambassador will be paid 10% on the cost of the Maha Kumbh Sacred Retreat less the booking, unless the enrollee withdraws from the retreat.
Ambassador/Affiliate will be paid via bank transfer within approximately ninety (90) days following the Qualified Conversion, so long as the enrollee has not withdrawn from the applicable course or retreat receiving a refund for their enrollment. SIVAOM SCHOOL OF YOGA reserves the right to adjust the Commissions amount, at any time, in which case, any future Commissions attributable to Eligible Leads procured after the adjusted Commissions amount shall be payable at the adjusted amount.
Ambassadors/Affiliates can also choose to apply the Commission to pay down an outstanding tuition/retreat balance with SIVAOM SCHOOL OF YOGA or pay towards their referrer’s tuition/retreat.
In the event that an Ambassador/Affiliate is in financial default with respect to its payment obligations to SIVAOM SCHOOL OF YOGA or SIVAOM SCHOOL OF YOGA’s partners, the value of the Commissions earned while in default will be applied to the Ambassador’s overdue payment obligations.
Transfers: In the event that the enrollee transfers from one class/retreat to another, no additional payment will be made to the Ambassador/Affiliate.
Only one (1) Ambassador/Affiliate may receive a Commission for each Qualified Enrollment. In the event of a dispute among Ambassadors/Affiliates, SIVAOM SCHOOL OF YOGA reserves the sole right to determine who receives the Commission.
You are solely responsible for ensuring that your contact information is accurate and up-to-date and that your bank account remains active so that you can receive payments. SIVAOM SCHOOL OF YOGA shall not be responsible if you fail to receive a Commission because your contact information is inaccurate or because you cannot receive payment via your bank account. Commissions shall expire six (6) months following a Qualified Enrollment.
You are responsible for the payment of any taxes related to the Commissions. If applicable, SIVAOM SCHOOL OF YOGA will provide you with a respective tax form (1099 form), in which case, you may be required to submit additional, related information to SIVAOM SCHOOL OF YOGA.
The Company will not be responsible for any expenses incurred by the Ambassador/Affiliate in connection with their role as an Ambassador.
Other Rewards
Company, in its sole discretion, may offer you an Ambassador % Booking off towards SIVAOM SCHOOL OF YOGA courses and/or additional rewards for your participation in the Program and/or for Qualified Enrollments (“Rewards”).
For example, as an Ambassador, you may enroll in an SIVAOM SCHOOL OF YOGA Course/Retreat at a booking Ambassador rate using a 10% booking code provided to you by Company, but your enrollment will not be considered a Qualified Enrollment and neither you nor anyone else will receive a Commission for your enrollment. At SIVAOM SCHOOL OF YOGA’s sole discretion, your participation and good standing in the Ambassador Program may entitle you to discounts for SIVAOM SCHOOL OF YOGA Courses/Retreats, which discounts may change from time to time.
MAHA KUMBH Additional Benefits to Organisations/Businesses:
• Conduct Your Classes:
If you prefer to lead your sessions, we can provide you with the necessary space and facilities to conduct your yoga classes.
• Bring 5 People:
Gain free access for yourself to our online yoga courses and resources.
• Bring 10 People:
Earn a discount for yourself for the retreats.
• Bring 15 People:
Receive complimentary yoga merchandise, including rudraksh malas, mats, books, apparel, and accessories for yourself.
• Bring 20 People:
Earn a free stay at our accommodation for yourself.
• Bring 30 People:
Get exclusive access to special workshops and masterclasses led by renowned yoga gurus for yourself.
• Bring 40 People:
Receive VIP passes for yourself to exclusive events with the gurus and Mahamandaleshwar.
• Bring 50 People:
Gain a prestigious opportunity for yourself to be a speaker at the Maha Kumbh Satsang event.
• Bring 60 People:
Work with our team to create a fully personalized retreat experience for your group. Customize the schedule, activities, and focus areas to meet your group’s specific interests and goals.
Intellectual Property.
SIVAOM SCHOOL OF YOGA retains sole and complete ownership of all copyrights, patents, trademarks, trade names, service marks, trade secrets, logos, or other identifying marks or any abbreviations thereof, including but not limited to the Referral Links and Marketing Materials (“SIVAOM SCHOOL OF YOGA IP”). You may not use any SIVAOM SCHOOL OF YOGA IP unless expressly authorized by SIVAOM SCHOOL OF YOGA and as set forth herein. Upon termination or suspension of your participation in the Program or upon termination or suspension of the Program itself, you shall immediately cease and desist from any future use of SIVAOM SCHOOL OF YOGA IP. You shall retain all right, title and interest in and to your own intellectual property, including, without limitation, trademark, copyright, and any and all renewals, extensions, revivals and resuscitations thereof, throughout the universe in perpetuity in all media now known or hereafter devised.
The Referral Links and the Marketing Materials may not be modified and must be used “as is” and in accordance with any instructions provided by SIVAOM SCHOOL OF YOGA. You may not use any SIVAOM SCHOOL OF YOGA IP except as expressly authorized by SIVAOM SCHOOL OF YOGA. SIVAOM SCHOOL OF YOGA reserves the right to modify or discontinue the use of Referral Links or Marketing Materials at any time, for any reason. Additional information and instructions regarding the Referral Links and the Marketing Materials may be made available in the Ambassador Portal or via communications from SIVAOM SCHOOL OF YOGA and shall have the same force and effect as if contained herein. Excluding any SIVAOM SCHOOL OF YOGA IP, SIVAOM SCHOOL OF YOGA hereby agrees that any social media posts you create in connection with a Social Media Campaign or Program (collectively, “Post(s)”) shall be owned by you. Notwithstanding and subject to the foregoing, You hereby grant to SIVAOM SCHOOL OF YOGA an exclusive, worldwide, royalty-free, irrevocable (provided SIVAOM SCHOOL OF YOGA is not in breach), fully- paid license, to repost any Post on any and all SIVAOM SCHOOL OF YOGA branded, owned, and/or operated social media channels and to use your name in connection with same.
Content Ownership and Usage
The Ambassador/Affiliate acknowledges that any content created by the Ambassador on behalf of the Company will be the property of the Company and may be used by the Company for promotional purposes.
The Ambassador/Affiliate grants the Company the right to use, reproduce, distribute, and display any content created by the Ambassador/Affiliate on behalf of the Company.
The Ambassador/Affiliate agrees not to use any copyrighted or trademarked material in any content created on behalf of the Company without obtaining permission from the owner of such material.
Representations and Warranties.
Each party represents and warrants that (a) it has the full power and authority to make this Agreement,; (b) it is the sole creator of or has appropriate rights to any and all assets or materials it provides to the other party and, to the best of the providing party’s knowledge, such assets and materials do not violate or infringe upon the intellectual property rights of any person or entity; and (c) it will comply with all applicable federal, national, state, local and other laws, rules, regulations and guidelines, including, without limitation.
SIVAOM SCHOOL OF YOGA makes no express or implied warranties or representations with respect to the Program or your potential to earn income from the Program. In addition, we make no representation that the operation of SIVAOM SCHOOL OF YOGA’s website or share SIVAOM.com will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or down time, including the tracking of information about students during the period of interruption. SIVAOM SCHOOL OF YOGA will use good faith efforts to “track” any students referred by you if such an issue occurs.
You represent and warrant that, by participating in the Program, you agree to be bound by these Terms and any changes thereto. You further represent and warrant that, while participating in the Program, and in connection with your conduct as an Ambassador/Affiliate, you agree to abide by all applicable laws, including local and international commercial guidelines and will include clear and prominent disclosures that are compliant with the guidelines. You further represent and warrant to comply with all applicable data privacy laws and regulations. Information collected from you in connection with the Program, whether through Share SIVAOM.com or otherwise, is subject to SIVAOM SCHOOL OF YOGA’s Privacy Policy.
Term and Termination: These Terms will take effect upon your acceptance into the Program and will remain in effect for so long as you participate in the Program, unless the Terms and/or your participation in the Program is terminated (the “Term”).
The Program and/or your participation in the Program may be suspended or terminated by SIVAOM SCHOOL OF YOGA at any time, for any reason. Without limiting the foregoing, if, during any consecutive six (6) month period, you fail to earn a Qualified Enrollment and/or fail to fulfill your promotion requirements, your participation in the Program may be immediately suspended or terminated.
In the event of termination, you will be entitled to any earned but unpaid Commissions for any Qualified Enrollments achieved prior to the date of termination and for 90 days thereafter.
In the event of termination, the Ambassador/Affiliate must immediately cease all promotion and use of the Company’s products/services and remove all content related to the Company from their social media platforms, blogs, websites, and other media outlets.
Relationship of Parties; Assignment.
You and SIVAOM SCHOOL OF YOGA are independent contractors, and nothing in these Terms will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and SIVAOM SCHOOL OF YOGA. You will have no authority to make or accept any offers or representations on SIVAOM SCHOOL OF YOGA’s behalf. You will not make any statement, whether on SIVAOM SCHOOL OF YOGA’s website or otherwise, that reasonably would contradict anything in this Section. Ambassadors/Affiliates shall not assign any rights or obligation hereunder to any other party without the prior written consent of Company.
Limitation of Liability and Indemnification.
Neither SIVAOM SCHOOL OF YOGA nor its affiliates, or you shall be liable to the other party or any other person for any indirect, special, incidental or consequential damages of any kind arising out of or relating to the Terms or your participation in the Program.
Each party hereby agrees to indemnify, defend and hold harmless the other party, its subsidiaries, and its affiliates, and their directors, principal’s, officers, employees, agents, shareholders, partners, members, and owners, against any and all third party claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based upon your participation in the Program, including, but not limited to (i) performance or breach of a representation, warranty, or obligation under these Terms; (ii) use of IP; and/or (iii) violation of any law, rule, regulation, or intellectual property rights of any third party.
Confidentiality.
You acknowledge that, as part of the Program, you have become informed of, and have had access to, valuable and confidential information relating to SIVAOM SCHOOL OF YOGA’s business, including, without limitation, these Terms, types of trade secrets, vendor, student and employee lists and information, pricing information, information regarding product development, marketing plans, management organization information, other financial, commercial, business, and technical information (collectively, “Confidential Information”). You acknowledge that this Confidential Information, even though it may have been contributed to, developed by, or acquired by you, is the exclusive property of SIVAOM SCHOOL OF YOGA.
Exclusivity.
By participating in the Program you have gained access to Confidential Information. Use of the Confidential Information to compete with SIVAOM SCHOOL OF YOGA would be unfair and would violate SIVAOM SCHOOL OF YOGA’s legitimate business interests. As a result, while for so long as you are an SIVAOM SCHOOL OF YOGA Ambassador/Affiliate and thereafter for so long as you receive any Commissions, you shall not promote the following direct competitors of SIVAOM SCHOOL OF YOGA. You acknowledge and agree that these restrictions are reasonable in duration and geographic scope and are necessary to protect SIVAOM SCHOOL OF YOGA’s legitimate business interests. If you do not agree with these restrictions, do not participate in the Program.
Governing Law, Arbitration, and Class Action Waiver.
THE FOLLOWING TERMS TO WHICH YOU ARE CONSENTING CONSIST OF A BINDING ARBITRATION PROVISION AND A CLASS-ACTION WAIVER.
This Agreement shall be governed by and construed in accordance with the laws of New Delhi, India Jurisdiction.
Agreement Document
*Download the agreement, fill up your personal legal details, sign it and return the document by email to info@sivaom.com.
Updates to the Terms.
SIVAOM SCHOOL OF YOGA may, in its sole discretion, periodically update the Terms, which will take effect immediately. SIVAOM SCHOOL OF YOGA will notify you of changes by electronic means, which may include email. If you do not agree to the updates, you may choose to terminate your participation in the Program as described herein. By continuing to participate in the Program, you agree to these Terms and any changes there to.
By participating in the Program, you acknowledge that you have read and agree to the Terms, which govern your participation in the Program, including but not limited to the Terms relating to the promotion and endorsement of products and services, tax requirements related to compensation received, and the intellectual property rights of the Company.
SivaOm School of Yoga Referral Program Policy Update
Effective Date: July 1, 2024
Sincerely,
SivaOm School of Yoga
Community Team
01.07.2024