HypnoBirthing International is the owner and creator of HypnoBirthing International – The Mongan Method program and products, a 5 session course for expectant couples, Educator Trainings, as well as physical and digital products.
This Affiliate Agreement (“Agreement”) contains the complete terms and conditions between our Organisation, HypnoBirthing International (“HypnoBirthing International”) and you, regarding your application to and participation in, the HypnoBirthing International Affiliate Program (the “Affiliate Program”) as an affiliate of HypnoBirthing International (an “Affiliate”).
- Definitions
“Affiliate” – The business, individual, or entity applying to or participating in the Affiliate Program, or that displays HypnoBirthing International online products, courses and/or promotions on its website, or other means, using an affiliate tracking code in exchange for receiving a commission from HypnoBirthing International for sales directly resulting from such display.
“Affiliate Site” – The Affiliate’s website/email which displays HypnoBirthing International online products.
“HypnoBirthing International Products” – Face to face or Online Educator courses, and products that are available for purchase from HypnoBirthing International.
“Commission Fees” – The amount you will be paid for each Qualified Purchase by a Referred Customer that you refer to HypnoBirthing International pursuant to the terms of this Agreement.
“Qualified Purchase” – A sale of HypnoBirthing International Products, with a term of twelve (12) months or longer, to a Referred Customer that is not excluded under Section 4.
“Referred Customer” – Each new and unique customer referred from Affiliate through a Link (as defined in Section 2) that provides valid account and billing information.
- Promotion of Our Affiliate Relationship
Use of Links. The Affiliate Dashboard will provide textual links available to you (each referred to herein as a “Link” or collectively, as the “Links”). The link once sent and clicked on, will place a cookie on the Referred Customer’s browser for 30 days. If they choose to purchase a HypnoBirthing International Product, an affiliate credit will be created and reported to HypnoBirthing International.Disclaimer. EXCEPT AS PERMITTED HEREIN, YOU SHALL NOT AND ARE NOT AUTHORIZED TO (i) USE THE HYPNOBIRTHING INTERNATIONAL TRADEMARK, NAME OR ANY OF MY OTHER INTELLECTUAL PROPERTY, INCLUDING WITHOUT LIMITATION, THE LINKS, AND THE LICENSED MATERIALS (COLLECTIVELY, THE “HYPNOBIRTHING INTERNATIONAL IP”) (OR ANY VARIATIONS OR MISSPELLINGS THEREOF OR OTHER TERM OR TERMS CONFUSINGLY SIMILAR TO ANY OF THE FOREGOING) WITHOUT HYPNOBIRTHING INTERNATIONALS EXPRESS PRIOR WRITTEN PERMISSION; (ii) USE HYPNOBIRTHING INTERNATIONAL IP IN A DOMAIN OR WEBSITE NAME, IN ANY BIDS FOR KEYWORDS OR GOOGLE ADWORDS (OR SIMILAR PROGRAMS AT OTHER SEARCH ENGINES), IN ANY SEARCH ENGINE ADVERTISING (PAID OR OTHERWISE), IN ANY METATAGS, GOOGLE ADWORDS (OR SIMILAR PROGRAMS AT OTHER SEARCH ENGINES), KEY WORDS, ADVERTISING, SEARCH TERMS, CODE, OR OTHERWISE; (iii) ACT IN ANY WAY THAT CAUSES OR CREATES OR COULD CAUSE OR CREATE ANY “INITIAL INTEREST CONFUSION” OVER THE USE OF HYPNOBIRTHING INTERNATIONAL IP ON THE INTERNET OR IN ANY SEARCH ENGINE ADVERTISING. YOUR USE OF HYPNOBIRTHING INTERNATIONAL IP IN ANY MANNER, OTHER THAN AS EXPRESSLY PERMITTED HEREUNDER SHALL CONSTITUTE UNLAWFUL INFRINGEMENT OF HYPNOBIRTHING INTERNATIONAL INTELLECTUAL PROPERTY RIGHTS, AND MAY SUBJECT YOU TO CLAIMS FOR DAMAGES (INCLUDING POTENTIAL TREBLE DAMAGES FOR KNOWING OR WILFUL INFRINGEMENT), AND THE OBLIGATION TO PAY HYPNOBIRTHING INTERNATIONAL LEGAL FEES AND COSTS IN CONNECTION WITH ANY ACTION OR PROCEEDING IN WHICH HYPNOBIRTHING INTERNATIONAL SEEKS TO ENFORCE ITS RIGHTS UNDER THIS AGREEMENT OR WITH REGARD TO ANY OF HYPNOBIRTHING INTERNATIONAL INTELLECTUAL PROPERTY RIGHTS.Discounts and Coupons. You are not allowed to offer any refunds, credits or discounts on the HypnoBirthing International Products, without HypnoBirthing Internationals prior written consent. Affiliates may only use coupons and discounts that are provided exclusively through the Affiliate Program.3. Order ProcessingHypnoBirthing International will process orders placed by Referred Customers who follow the Links to HypnoBirthing International. We reserve the right, in our sole discretion, to reject orders that do not comply with certain requirements that we may establish from time to time. All aspects of order processing and fulfillment, including HypnoBirthing International services, cancellation, processing, refunds and payment processing will be our responsibility. We will track the Qualified Purchases generated by your Links and will make this information available to you once a month. To permit accurate tracking, reporting, and commission accrual, you must ensure that the Links you share with your clientele are used for purchases.4. Commission Determination; Qualified Purchases
Commissions will be calculated as outlined on the Affiliate Dashboard of each Qualified Purchase. A “Qualified Purchase” does NOT include the following:
- A purchase by a Referred Customer that is not up to date on its payments or is subject to a refund.
- Accrual of CommissionsCommissions will accrue and only become payable once a PayPal email address has been made available to make payments into.
- Commission PaymentsSubject to the terms of this Agreement and the accrual of commissions as set forth in Section 5 above, commissions will be calculated as outlined on the affiliate dashboard for each Qualified Purchase that accrues during the period for which such commission fee is being calculated.Commission Fees will be processed once a month, at the start of the month for the month prior. HypnoBirthing International will only compensate you for Qualified Purchases made in accordance with this Agreement.Commission Fees shall be paid in Australia Dollars.HypnoBirthing International is not responsible for paying any third-party fees charged by PayPal in order for you to receive Affiliate Commission Fees.
7. Reports of Qualified Purchases
Each month when the commission payment is made, a report of all qualified purchases will be available on the Affiliate Dashboard.
8. Term and Termination
The term of this contract will be 12 months, from the date of signing. At the conclusion of the term, both parties will review the relationship and determine if the Agreement will be renewed and for what term.
Either party reserves the right to terminate or suspend this Agreement, at any time for any reason. If this occurs, HypnoBirthing International agrees to not actively pursue or target members from your organisation in their marketing.