Terms & Conditions: Affiliates

DHARMA CENTRE FOR WELLBEING / CesarGamio.com

Course: 5 Keys to Achieving Total Wellbeing – Affiliate Terms & Conditions

 

ACCEPTANCE OF TERMS:

Please read this policy carefully since by visiting this website (“Website”) and/or sharing information with us and by applying to be an affiliate, and placing a link to the above listed course from your website or link property, you agree to be bound by all the terms and conditions set forth in this agreement.

The following are the terms and conditions of your agreement to become a member of the 5 Keys to Achieving Total Wellbeing Affiliate Program offered by Dharma Centre for Wellbeing on CesarGamio.com

As a user in this Agreement, “you” and “Affiliate” mean the individual or entity which applied as the “Beneficiary” for payment purposes on our sign up form (“5 Keys to Achieving Total Wellbeing Affiliate Sign Up Form”) as submitted at the website, and “we”, “us” and “CesarGamio.com” and “Dharma Centre for Wellbeing” means the Website promoted hereunder and its owner, operator, and director.

1. General Description
2. Definitions
3. Marketing Activities and Responsibilities
4. License to Use Marks
5. Reports and Payments
6. Terms and Termination
7. Liabilities
8. Miscellaneous
9. Independent Investigation
10. Modification
11. Entire Agreement and Disclosure

 

I. GENERAL DESCRIPTION

1.1 This is the latest version of the CesarGamio.com / 5 Keys to Achieving Total Wellbeing and it’s Properties Agreement, as released and posted as at the date mentioned below.

1.2 An Affiliate may not apply to or participate in the Program unless they accept the Terms.
1.3 By marketing for and referring users to any of the listed properties under CesarGamio.com through an Affiliate Tracker selected and provided to you via the CesarGamio.com Affiliate Platform, YOU AGREE TO be bound by all the TERMS AND CONDITIONS set out IN THIS AGREEMENT, and we will automatically become counter-party to this Agreement.

1.4 If you DO NOT wish to ACCEPT all the terms and conditions of this agreement, then DO NOT PROMOTE OR CONTINUE TO ADVERTISE any of the CesarGamio.com related courses or services. Please notify us in writing for any account closures by clicking here.

 

II. DEFINITIONS

2.1 “Account” is the uniquely assigned account that is created for a user when he/she opens an account at the Website also known as ‘user account’.

2.2 “Affiliate ID” means the ID you submit when you sign up as a participant in the Affiliate Program.

2.3 “Affiliate Fee” is the amount due and payable to you, based solely on our system’s data.

2.4 “Affiliate Section” means the password-protected area of the Website that is accessible to you to check stats, update profile, create additional Trackers, links and select Banners and other marketing tools.

2.5 “Banners and Text Links” means the graphical artwork or text that you use to hyperlink Users from your site to the Website.

2.6 “Commission Type” means the commission scheme that applies to the agreement.

2.7 “Payout Requirement” means the minimum amount that you should hold in your balance as reflected in our system required for payout.

2.8 “Payout Duration” means the frequency in which payouts will be made.

2.9 “Payment Method” means the payment service that will be used for payouts.

2.10 “Website” means the CesarGamio.com and its related pages.

2.11 “Spam” or “Unsolicited Promotions” means emails or any other messages that are circulated by you, directly or indirectly, including messages that are posted on newsgroups, blogs, forums, chat-boards, Facebook, Twitter and other types of online media and which:

a). Are directed at people who have not consented nor confirmed that they wish to receive promotional messages from you;
b). Contain false or misleading statements;
c), do not truthfully identify the source or the originating IP Address; or
d). Do not provide the recipient with an option to easily “Remove” them from receiving future mailings or promotions.

2.12 “Tracker(s)” means the unique Tracking URL that we provide exclusively to you, through which we track and calculate Affiliate Fees.

2.13 “Tracking URL” means a unique hyperlink to the Website through which you refer potential Users to the Website. When the User opens his/her Account, the system automatically logs the Tracking URL and records you as the Affiliate.

2.14 “User(s)” or “User’s Account” means the Account(s) opened at the Website by a person, via a Tracker assigned to you and who makes the minimum required deposit.

 

III. MARKETING ACTIVITIES AND RESPONSIBILITIES

3.1 Marketing Activities and Responsibilities. You will, at your own cost and expense, market to and refer potential Users to our Website. You will be solely responsible for the content and manner of your marketing activities. All marketing activities must be professional, proper and lawful under applicable rules or laws. You represent and warrant that you will not place Banners or Text Links to us on any website, or use any media or medium, which is libellous, discriminatory, obscene, unlawful or otherwise unsuitable or which contains sexually explicit, pornographic, obscene or graphically violent materials. Under no circumstances will you send Spam that in anyway refers users to us. Moreover all email marketing will be conducted in compliance with Section 3.6 below.

3.2 Approved Marketing Materials. Affiliates will comply with all reasonable instruction made by our company to maintain and update brand related content, marketing materials and promotional offers made available to them by Dharma Centre for Wellbeing. Should we contact you in regards to making such an update to change to the listed marketing content, banner, and or promotional materials on your website and the Affiliate does not cure, rectify or reply to such request within sixty (60) days of notice we may reserve the right to re-direct your marketing materials and trackers, suspend and or withhold commissionable fees due to your account your Dharma Centre for Wellbeing  account until such change has been rectified to our satisfaction.

3.3 Competitive Marketing. Affiliates agree to use their best efforts to market and promote the 5 Keys To Achieving Total Wellbeing, in a manner consistent with good business ethics and in good faith towards the CesarGamio.com. In the event that you are in breach of the foregoing provisions, we reserve the right to render your Tracking URLs as void and you shall have no claims against us in respect of such actions taken by us.

3.4 Good Faith Marketing. You will not knowingly or unknowingly benefit from any known, unknown, suspected or unsuspected Fraud Traffic. For clarity, we reserve the right to withhold or backout amounts generated by Fraud Traffic from Affiliate Fees on the Trackers, regardless of whether you participated in or knew about the Fraud Traffic. In the event that we determine that you have knowingly participated in, or knowingly benefited from, Fraud Traffic with the intent to defraud us, then we may terminate this Agreement effective immediately and confiscate any and all Affiliate Fees due to you.

3.5 Search Engine Marketing Policy (SEM) Policy – Affiliates engaging in Search Engine Marketing to include Search Engine Optimisation (SEO) and /or pay per click advertising (PPC) to promote 5 Keys To Achieving Total Wellbeing are not authorised to utilise or bid on keywords incorporating any of the trade name (A.K.A. branded terms) or any variation there of. In addition domain names cannot contain any variation of the words CesarGamio.com and/or its associated brands / Website at any time, nor can the site resemble CesarGamio.com and/or its associated brands. Any offences by an affiliate or advertiser doing so will result in their account closure and forfeit of all Users and revenues.

3.6 Email Marketing Practices: If you plan to promote 5 Keys to Achieving Total Wellbeing through email marketing, then your emailing practices must comply with the following:

a. Compliance with CAN-SPAM Act: Your email marketing practices must comply with the law concerning email marketing, which includes but not limited to:

◦ i. You shall not mislead the consumer with non-relevant, inaccurate or ambiguous subject lines;
◦ ii. You shall not falsify the email “From” address or attempt to hide one’s identity
◦ iii. You shall include a true name in “From” line and not a sales pitch or marketing message
◦ iv. You shall use a reply address that will be active for at least thirty days after sending the email
◦ v. You shall include a physical business address
◦ vi. You must not prevent customers from removing themselves from your list
◦ vii. You must provide an adequate, functioning and conspicuous “opt-out” or “unsubscribe” option in every email message
◦ viii. You must honour “opt-out” requests within ten (10) days or before executing additional email campaigns to that user.
b. Lawfully Obtained Lists: You must not send email to any email addresses which are not lawfully obtained and do not conform with the following:

◦ i. Confirmed Opt-In: The email recipient explicitly provides permission to have their email address placed on a mailing list, the email sender sends the email recipient a confirmation email, and the email recipient confirms their permission by emailing back or by visiting an operator-provided URL. Once email recipient has double opted-in, mailing list emails may include promotional or informational emails and unpaid or paid newsletters. Single Opt-in confirmations should not include promotional material.

◦ ii. One to One: The email recipient has a pre-existing business relationship with the mailing list operator where the consumer has consented to receive emails containing individualised content specific to the consumer’s business account with the company, such as e-statements, e-bills, travel itineraries, transaction confirmations, etc.

This Marketing opportunity is for commercial use only. Use for personal gain will be treated the same as in other Fraud Traffic related policies.

 

IV. LICENSE TO USE MARKS (Branded Terms)

4.1 Brands and Use of Trade Names. Affiliates are restricted from incorporating CesarGamio.com and/or its associated brands trade name(s) or any variation there of in any social networking site (Facebook, MySpace, LinkedIn, Twitter etc.). This includes profile name, display name, username or social networking domain.

Affiliates are not allowed to use any outside technology to access, crawl, acquire, copy, “deep-link,” “inline-link” or “page-scrape.” This includes the use of “robots,” “spiders” or other automated devices, programs, and algorithms, monitoring methodologies. Affiliates caught using outside technologies to compromise CesarGamio.com and/or its associated brands infrastructure and resources will be terminated from the program and face further prosecution if required.

4.2 Trademarks and Domain Names. As further clarification of your obligations under this Agreement, under Section 2.8 (“Fraud Traffic”), the reference to unauthorised use of trademarks includes your use any trademark, domain name or trade name which contains, is confusingly similar to or is comprised of the CesarGamio.com, Dharma Centre for Wellbeing, 5 Keys to Achieving Total Wellbeing or any other name or mark owned by us or our affiliates (“Our Marks”) without our prior written permission. In addition, the restrictions under Section 3.3 (“Competitive Marketing”) include the use of Our Marks in connection with any website without our prior written approval of such links and manner of use. Your use of Our Marks is specifically limited to the use of pre-approved marketing materials for the sole purpose of directing Internet users to websites operated by us. You agree that all use by you of Our Marks inures to our sole benefit and that you will not obtain any rights in Our Marks as a result of such use. You also agree that you will not register any marks or names that contain, are confusingly similar to or are comprised of Our Marks, and that any such registration obtained by you shall be transferred to us upon demand.

4.3 User Information. By opening an Account at CesarGamio.com and any of it’s related Website, Users will be subject to all of our rules, policies and operating procedures that govern their activity at the Website. We reserve the right to refuse service to any potential User and to close the Account of any User, at any time, in our sole discretion. All data relating to the Users will remain our sole and exclusive property and you acquire no right to such information, except as expressly stated herein.

 

V. REPORTS & PAYMENTS

5.1 Reports. We will track and report User activity for purposes of calculating your Affiliate Commissions. The form, content and frequency of the reports may vary from time to time in our sole discretion. Live reports will be available online 24/7 for you to view new Users per Tracker.

5.2 Affiliate Commissions. Affiliates will earn a one-time 30% commission (based on final sales price) when the referred user buys the 5 Keys to Achieving Total Wellbeing Course. Affiliates are solely responsible for using the correct CPA tracking links for tracking Users.

5.4 Time of Payment. Affiliate Commissions and Fees will be paid within thirty (30) days of the close of each calendar month, except that, if the total amount due for all Trackers is less than the preferred or limit of the payment option, the balance will be carried over and added to the next month’s Affiliate Fees until the total amount is more than preferred or limit of the processor option. Affiliates will be paid via PayPal.  Other arrangements can be made in very special circumstances.

5.5 Holdover for Fraud Traffic. In the event we suspect Fraud Traffic, then we may delay payment of the Affiliate Fees to you for up to one hundred and eighty (180) days while we investigate and verify the relevant transactions. In the event that we determine the activity to constitute Fraud Traffic, or to otherwise be in contravention of this Agreement, then in our sole discretion we may recalculate and/or confiscate your Affiliate Fees accordingly. For the avoidance of doubt, we are not obligated to pay on Users who in our sole discretion are not verifiably who they say they are or are otherwise highly likely to be involved with Fraud Traffic. At the end of each month, we run a Fraud Check Report and Users that are deemed Fraudulent, Affiliates will be deducted any paid Commissions, Fees or CPA where applicable.

5.6 Method of Payment. The preferred method of payment is PayPal.  Only in special circumstances, and depending on the amount to be transferred, will other methods of payment be considered.  All transfers fees, irrespective of the method of payment, will be paid by the affiliate. The minimum payment amount is US $100 or its equivalent in Euros or Sterling Pounds. Affiliates who earn or carry a balance under US$100 (or its equivalent) in a given month, will have their affiliate balance carried forward to the following month and ongoing until this minimum threshold has been reached. Charges for payment fess will be covered by you and deducted from your payment when processed

5.7 User Tracking. You understand and agree that potential Users must link through our Tracking URLs found and grab at CesarGamio.com/affilliates to ensure tracking and earn Affiliate Commissions in relation to such potential user referrals. In no event, are we liable for your failure to use the correct Trackers on your site(s).

5.8 Cookie Tracking. Cookies are set to last for 90 days by default. Any user visiting your site will retain your specific cookie for this period. Cookie tracking is based on the last cookie recorded before account registration. This means if a user were to visit another affiliate site and then come to your site and click thru your affiliate link, your cookie will over-write the existing cookie and you will earn the user signup.

5.9 Disputes. If you disagree with the monthly reports or amount payable, do NOT accept payment for such amount and immediately send us written notice of your dispute. Dispute notices must be received within thirty (30) days of the end of each month for which payment is made, or your right to dispute such report or payment will be deemed waived and you shall have no claims in such regard. Further, acceptance of payment transfer or acceptance of other payment by you will be deemed full and final settlement of Affiliate Fees due for the month indicated.

 

VI. TERM AND TERMINATION

6.1 Term and Termination. This Agreement will take effect when you start promoting the Website. This Agreement will be continuous until terminated pursuant to this Section 5. Notwithstanding the foregoing and during a period of seven (7) days following your receipt from us of your Trackers, we reserve the right to refuse your application to join the Affiliate Program. In the event that we elect to refuse your application subsequent to your receipt of the Trackers, we shall notify you of the same and we shall be entitled to render the Trackers inoperative.

6.2 Termination By You. You may terminate this Agreement, with or without cause, immediately upon written notice (email) to us. In addition, you may cease marketing the Website any time you want.

6.3 Termination By Us. We may terminate this Agreement, with or without cause, upon five (5) days written notice to you. Further, we may terminate this Agreement immediately, without notice, in the following events:

a. You materially breach this Agreement and do not cure within fifteen (15) days of notice to cure;
b. We determine, in our reasonable discretion, that you knowingly benefited from Fraud Traffic as set forth in Section 2.8 herein; and

c. The total number of new Users introduced by you in a sixty (60) day period is less than 1.

6.4 Effect of Termination: The following will apply upon the effective date of termination:

a. You will stop promoting the Website and all rights and licenses given to you under this Agreement will terminate immediately, except as expressly stated herein;

b. You will return all confidential information and cease use of any of our trade names, trademarks, service marks, logos, banners and other designations;

c. We may leave open, redirect or deactivate any Trackers in our sole discretion without any obligation to pay you on new Users who come in or would have come in on those Trackers;

d. We will continue to pay you Affiliate Fees for all existing Users who signed up through the effective date of termination subject to the terms of this Agreement and any other user agreements to which they have agreed to; and

e. Notwithstanding anything to the contrary contained herein, in the event we determine, in our reasonable discretion, that you materially violated the provisions of Section 3, we may in our sole discretion stop, cancel and confiscate all your Affiliate Fees; and in such case, we do not waive any other legal rights we have against you.

 

VII. LIABILITIES

7.1 No Warranties. WE DO NOT WARRANT THAT OUR SYSTEM, NETWORK, SOFTWARE OR HARDWARE (OR THAT PROVIDED TO US BY THIRD PARTIES) WILL BE ERROR-FREE OR UNINTERRUPTED. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE QUALITY, MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR SUITABILITY OF OUR SYSTEM, NETWORK, SOFTWARE OR HARDWARE (OR THAT PROVIDED TO US BY THIRD PARTIES). WE (OR OUR PROVIDERS OR UNDERLYING VENDORS) ARE NOT REQUIRED TO MAINTAIN REDUNDANT SYSTEM(S), NETWORK, AND SOFTWARE OR HARDWARE.

7.2 Billing and Collection Limitations. We may in our sole discretion, with or without notice, use any available means to block or restrict certain Users, so as to reduce the number of fraudulent use. We do not guarantee or warrant the success of such fraud prevention efforts.

7.3 Liability Limitations. Our obligations under this Agreement do not constitute personal obligations of the owners, directors, officers, agents, employees, vendors or suppliers of the Website. Any liability arising under this Agreement will be satisfied solely from the revenues generated hereunder. Our liability is limited to direct damages, and in no event will we be liable for any indirect, special, incidental, consequential or punitive loss, injury or damage of any kind (regardless of whether we have been advised of the possibility of such loss).

7.4 Indemnification. You will defend, indemnify and hold CesarGamio.com and our officers, directors, employees and representative harmless from and against any and all liabilities, losses, damages and costs, resulting from or arising from, your breach of this Agreement.

 

VIII. MISCELLANEOUS

8.1 Severability/Waiver. Whenever possible, each provision of this Agreement will be interpreted in such a manner as to be effective and valid under applicable law but, if any provision of this Agreement is held to be invalid, illegal or unenforceable in any respect, such provision will be ineffective only to the extent of such invalidity, or unenforceability, without invalidating the remainder of this Agreement or any provision hereof. No waiver will be implied from conduct or failure to enforce any rights and must be in writing to be effective.

8.2 Relationship of Parties. There is no relationship of exclusivity, partnership, joint venture, employment, agency or franchise between you or us under this Agreement. Neither party has the authority to bind the other nor to incur any obligation on the other’s behalf, except as expressly provided herein. Nothing in this Agreement will be construed to provide any rights, remedies or benefits to any person or entity not a party to this Agreement.

8.3 Non-Exclusive. You understands that we may at any time (directly or indirectly), enter into marketing terms with other Affiliates on the same or different terms as those provided to you herein and that such Affiliates may be similar, and even competitive, to you. You understand that we may re-direct traffic and users from our site to any other website that we deem appropriate in our sole discretion, without any additional compensation to you.

8.4 Confidentiality and Non Disclosure. As a marketer of the Website you will receive confidential information from us as to our marketing plans, marketing concepts, structure and payments. This information is confidential to us and constitutes our proprietary trade secrets. Therefore, you will not disclose this information to third parties without our express written consent.

8.5 Press. You may not issue any press release with respect to this Agreement or your participation in this Affiliate Program without our prior written consent.

8.6 Assignment. This Agreement and the rights and obligations hereunder may not be assigned by you without our express written consent.

8.7 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the United Kingdom without giving effect to conflicts of law principles. You irrevocably agree to submit, for the benefit of the Company, to the exclusive jurisdiction of the courts of the United Kingdom for the settlement of any disputes arising out of or concerning this Agreement. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.

8.8 Force Majeure. The parties’ obligations under this Agreement are subject to and neither party will be liable for, failure to perform, damage, or malfunction of any equipment, or any consequences thereof occasioned by or due to fire, flood, water, the elements, labor disputes, power failures, explosions, governmental actions, unavailability of transportation, acts or omission of third-parties, or any other causes beyond the party’s reasonable control.

 

IX. INDEPENDENT INVESTIGATION

9.1 Independent Research. You have independently evaluated the laws in your locale, which apply to your activities and believe that you may participate in our 5 Keys to Achieving Total Wellbeing without violating any applicable rules or laws.

 

X. MODIFICATION

10. Modification. We may modify any of the terms of this Agreement at any time, in our sole discretion, by either (i) emailing you a change notice or (ii) by posting the new version of the Agreement on our Website. It is your responsibility to visit the Website frequently to make sure you are up to date with the latest version of the Agreement and its provisions. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE AFFILIATE PROGRAM FOLLOWING POSTING OR NOTICE OF CHANGE WILL BE DEEMED BINDING ACCEPTANCE OF THE MODIFICATION.

10.1 Notices of Change. All notices pertaining to this Agreement will be to your discretion to frequently check for updates.

 

XI. ENTIRE AGREEMENT AND DISCLOSURE

11.1 Entire Agreement. This Agreement embodies the complete agreement and understanding of the parties hereto with respect to the subject matter hereof and supersedes and preempts any prior understandings or agreements between the parties, written or oral, which may be related to the subject matter hereof. The headings in this Agreement are for convenience only and will have no effect on the construction of this Agreement.

11.2 By submitting your request to become an affiliate, you acknowledge that you have read this agreement and have independently evaluated the desirability of participating in this program and are not relying on any representation, guarantee, or statement other that what is set forth in this agreement.

11.3 YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO ALL OF THE TERMS OF THIS AGREEMENT

César Gamio - Certified Corporate Wellness Specialist - CesarGamio.com César Gamio - Executive Life Coach - EMCC-EIA - CesarGamio.com
César Gamio - Chopra Center Certified Instructor - CesarGamio.com