Affiliate Terms & Conditions
1. General
These Terms and Conditions (the “Affiliate Agreement“) govern the Affiliate Program that is made available by Our Breath Collective LLC (“Our Breath Collective“, “we” or “us“). These Terms and Conditions represent the whole agreement and understanding between Our Breath Collective and the individual or entity who participates in the Affiliate Program (the “Affiliate“, or “you“).
Please read this agreement carefully as it represents a legally binding agreement between you and Our Breath Collective. By submitting your application and by your use of the Affiliate Program, you agree to comply with all of the terms and conditions set out in this Affiliate Agreement. Our Breath Collective may terminate your Affiliate Account at any time, with or without notice, for conduct that is in breach of this Affiliate Agreement, for conduct that Our Breath Collective believes is harmful to its business, or for conduct where the use of the Affiliate Program is harmful to any other party.
2. Referral Tracking
Our Breath Collective will provide the Affiliate with specific Referral Links to link advertisements and other marketing content to Our Breath Collective. Our Breath Collective will track users who have visited these Referral Links using cookies that expire after 30 days. Only users who make a purchase while the cookie is active will be considered referrals of the Affiliate and recorded as such in the Affiliate Dashboard.
The Affiliate is not authorized to modify or alter the Referral Links or the cookies in any way. Our Breath Collective is not responsible for any tracking or reporting errors that may result from any modifications to the Referral Link or the cookies.
3. Affiliate Fees and Payouts
A referral will become eligible for payout (“Eligible Referral“) at the end of the next calendar month if it meets all of these criteria:
- The referral makes a purchase of any OBC product and has paid in full.
- The referral’s account remains active and in good standing.
- The referral’s account has not had any of its payments refunded, charged back, or otherwise reversed.
All web page error requests (such as 403 errors or 404 errors) will direct traffic to a default Our Breath Collective error page. This error page informs visitors that the web page they are looking for cannot be found, and may include, but without limitation to, the following:
- Links to additional products and services offered by Our Breath Collective.
- Advertisements for products and services offered by third parties.
- An internet search engine interface.
Failure to meet any of these criteria will permanently void the referral and disqualify the referral from any potential payouts.
The Affiliate is entitled to receive a 10% of the total cost of the product or $10 per membership subscription in United States Dollars for each active Eligible Referral that is recorded in the Affiliate Dashboard (“Affiliate Fee“).
All Affiliate Fee payments will be payable in United States Dollars only, except as otherwise determined by Our Breath Collective in its sole discretion. Payment will be made through PayPal against a valid invoice issued by the Affiliate using the invoice generation and submission tool located in the Affiliate Dashboard. The Affiliate is responsible for providing Our Breath Collective with the full and accurate details that are required to remit the Affiliate Fees and is solely responsible for any delays in payment resulting from its failure to do so.
Referrals will become void, and any unpaid Affiliate Fees will be forfeited, after 12 calendar months.
In the event of any activity deemed suspicious by Our Breath Collective, Our Breath Collective may delay the payment of Affiliate Fees by up to 3 calendar months to verify the relevant transactions. Our Breath Collective reserves the right to recalculate, void, or disqualify any referrals or Affiliate Fees in the event of any fraudulent, deceptive, or otherwise illegal activity.
Referrals for purchases made through Our Breath Collective promotional or special offers are not eligible for payout.
4. Advertisements
Our Breath Collective hereby grants the Affiliate a non-exclusive, non-transferable, limited license to use the Our Breath Collective logos for the sole purpose of promoting our service within the context of the Affiliate Program. This license will expire upon termination of the Affiliate’s participation in the Affiliate Program.
The Affiliate may only display advertisements that contain Our Breath Collective’s logos or service marks in good taste. The Affiliate may not use Our Breath Collective’s logos or service marks in a manner that, in Our Breath Collective’s sole discretion, portrays Our Breath Collective in a negative light.
The Affiliate will be solely responsible for its own marketing activities. All marketing activities must be professional and in full compliance with all applicable laws.
Our Breath Collective may, without prior notice, require the Affiliate to remove or modify any advertisements at Our Breath Collective’s sole discretion.
5. Termination
The Affiliate may terminate the Affiliate’s participation in the Affiliate Program with immediate effect by giving the other party written notice of termination.
Our Breath Collective reserves the right to terminate the Affiliate’s participation in the Affiliate Program at any time for conduct that is in material breach of this Affiliate Agreement or for conduct that Our Breath Collective, in its sole discretion, deems to be harmful to its business or any third party.
Upon termination, the Affiliate will lose access to its Affiliate Dashboard and will forfeit all potential or unpaid Affiliate Fees.
6. Relationship of Parties
Our Breath Collective and the Affiliate are independent contractors. Nothing in this Affiliate Agreement will create any partnership, employment, representative, agency, or joint venture relationship between the parties. The Affiliate has no authority to act on Our Breath Collective’s behalf.
7. Limitation of Liability
The Affiliate Program is provided on an “as is” and “as available” basis and the use of the Affiliate Program is at the Affiliate’s own risk. Our Breath Collective makes no representations or warranties, either expressed or implied, with respect to the Affiliate Program, or any service or information provided through the Affiliate Program.
Our Breath Collective is not responsible for any damages, injury, or economic loss arising from the use of the Affiliate Program. Should any part of the Affiliate Program cause damage or inconvenience to the Affiliate or anyone claiming through the Affiliate, the Affiliate assumes responsibility and the entire cost for them.
The Affiliate will indemnify and hold harmless Our Breath Collective, its directors, officers, employees, agents, subsidiaries, and third parties from and against any losses, damages, liabilities, claims, judgments, settlements, fines, costs, and expenses (including reasonable related expenses, legal fees, costs of investigation) arising out of or relating to the Affiliate’s or any third party’s operations or use of the Affiliate Program.
8. Modification
Our Breath Collective may, in its sole discretion, change or modify this Affiliate Agreement at any time, with or without notice. Such changes or modifications shall be made effective for all Affiliates upon posting of the modified Affiliate Agreement to this web address: https://www.Our Breath Collective. The Affiliate is responsible for reading this document from time to time to ensure that its use of the Affiliate Program remains in compliance with this Affiliate Agreement.
If any modification is unacceptable to the Affiliate, its sole recourse shall be to terminate this Affiliate Agreement. The Affiliate’s continued participation in the Affiliate Program will constitute binding acceptance of such modifications.
9. Miscellaneous
The Affiliate warrants and represents that it is over the age of 18 and is qualified to enter into this Affiliate Agreement.
The Affiliate warrants and represents that its actions and its participation in the Affiliate Program are in compliance with all applicable laws, rules, regulations, and any requirements of governmental authority at all times. Our Breath Collective reserves the right to terminate the Affiliate’s participation in the Affiliate Program if Our Breath Collective determines, in its sole discretion, that the Affiliate’s actions or its participation in the Affiliate Program is in violation of any laws, rules, regulations, or any requirements of governmental authority.
This Affiliate Agreement constitutes the entire understanding between Our Breath Collective and the Affiliate. This Affiliate Agreement supersedes any other contracts or understandings between the parties hereto and neither party shall be bound by any statements or representations that are not embodied in this Agreement.
Any dispute arising in relation to this Affiliate Agreement shall be exclusively resolved in the Courts of California, United States of America.