Online Affiliate Terms and Conditions

Effective Date – July 1, 2011.

This Online Affiliate Terms and Conditions (the “Agreement”) is between Pilates Anytime, Inc (“Pilates Anytime”) a California Corporation with a place of business at 12405 Venice Blvd, Suite 133, Los Angeles, California, 90066 and you (the “Affiliate”).

Pilates Anytime operates an online Pilates studio that provides videos of Pilates classes to members that pay a monthly subscription (the “Service”).

Pilates Anytime provides a promotional link (the “Link”) that allows a potential subscriber to click on the link and have a fifteen-day free-trial period (the “Free Trial”) before they are charged for the Service.

Pilates Anytime offers an affiliate program (the “Program”) where the Affiliate can promote the Service using a Link.

Affiliate wishes to place the Link on their websites and in their emails to potential customers.


1) Affiliate Scope of Services and Responsibilities.
The Affiliate shall promote the Service to potential subscribers by:
a) Placing the Link on websites that have been approved by Pilates Anytime and are controlled by the Affiliate, and
b) Placing the Link in emails that are distributed by the Affiliate and when such emails are sent they are in compliance with the relevant legislation.

2) Affiliate Restrictions.
The Affiliate shall not:
a) Promote the Service to potential subscribers by placing the Link on coupon websites, or discount websites, or any website that has not previously been approved by Pilates Anytime, or by
b) Promote the service to potential subscribers by placing the Link in any search engine advertisements, or by
c) Sign up subscribers using stolen credit cards.

3) Pilates Anytime Scope of Services and Responsibilities.
Pilates Anytime shall provide the Affiliate with the Link to be used to promote the service.

4) Subscriber.
A customer that clicks a Link and their credit card or PayPal account is successfully charged at the end of the Free Trial is considered a subscriber (“Subscriber”). Pilates Anytime shall determine if a customer is a Subscriber.

5) Compensation.
a) Pilates Anytime shall pay Affiliate eighteen US dollars ($18) for each Subscriber that uses the Service, and is successfully charged at the end of the Free Trial, as a result of clicking the Link provided to the Affiliate.
b) Payment shall be made by PayPal to the Affiliate on the thirtieth (30) day of the month following the month in which the Subscriber is successfully charged for the Service.
c) In the event that the payment to the Pilates Anytime for the Service has to be refunded for any reason a negative adjustment for the amount previously paid to the Affiliate shall be deducted from the following months payment.
d) Affiliate is responsible for paying any fees charged by PayPal for the disbursement of the compensation.

6) Termination.
a) Either party may terminate this Agreement at anytime if they desire to do so for any reason and the Affiliate will be paid for prior earnings.
b) If the Affiliate breaches any of the terms of this Agreement then Pilates Anytime will terminate this Agreement and not pay the Affiliate any outstanding earnings.

7) No Warranties.
Pilates Anytime makes no warranties to the Affiliate of any kind, expressed or implied, with respect to the Service, Link, Program or this Agreement. Pilates Anytime shall not be liable for any damages or losses suffered by Affiliate, whether indirect, special, incidental, exemplary, or consequential. Affiliate understands that Pilates Anytime does not guarantee or predict any type of profit or response from participating in the Program.

8) Hold Harmless.
Affiliate agrees to hold Pilates Anytime harmless from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, joint or several, of whatever kind or nature which Pilates Anytime may become subject to arising out of, or relating in any way to, this Agreement, including, without limitation, in each case attorneys’ fees, costs and expenses actually incurred in defending against or enforcing any such losses, claims, expenses, suits, damages or liabilities.

9) Assignment.
Either party cannot assign this Agreement without the prior written consent of the other party.

10) Headings.
The subject headings of the sections are for convenience only, and shall not affect the construction or interpretation of any of the Agreement’s provisions.

11) Severability.
If any portion of this Agreement is found invalid or unenforceable, that portion shall be severed and the remainder of this Agreement shall remain in force.

12) Waiver of Breach.
The waiver by either party of any breach of any provision of this Agreement shall not waive any other breach.

13) Authority.
The Affiliate represents that he or she is duly authorized to enter into this Agreement on behalf of their organization.

14) Dispute Resolution.
In the event of a dispute, the parties agree to submit the matter to the Community Dispute Resolution Service or any recognized Arbitration Board located within Los Angeles County, California before instituting litigation.

15) Complete Agreement.
This Agreement is the final and complete expression of all agreements signed between these parties. This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. It may not be changed orally but only by an agreement in writing signed by each party.

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