To participate in the Hay House World Summit Affiliate Program, you must agree to the
This Affiliate Agreement (“Agreement”) contains the complete terms and conditions between
us, Hay House, Inc., and you, the Affiliate, regarding your application to participate as an
Affiliate of Hay House World Summit, and the establishment of links from your website to our
websites for the Hay House World Summit, HayHouseWorldSummit.com.
BY SUBMITTING AN APPLICATION TO JOIN OR BY PARTICIPATING IN THE HAY HOUSE WORLD SUMMIT AFFILIATE PROGRAM (“ENGAGEMENT”), YOU ARE CONFIRMING THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
Hay House World Summit’s Affiliate Agreement Definitions
“We”, “Our”, “Us”, – “Hay House, Inc”, “Hay House World Summit” (collectively, “HH”)
“You”, “Your” and “Affiliate(s)” – the business, individual or entity applying for participation in
the Hay House World Summit Affiliate Program, or that displays our products, services and/or
promotions on its website in exchange for receiving remuneration from HH for sales resulting
from such display.
“Affiliate Site” – the Affiliate’s Internet site which displays Hay House World Summit Products
and Services and/or promotions.
“Engagement” – the marketing and promotion as part of the Hay House World Summit Affiliate
“Hay House World Summit Products and Services” – Hay House World Summit online
event and related products and services that are available for purchase through
HayHouseWorldSummit.com and HayHouse.com.
“Commission Fees” or “Commissions” – Under the Affiliate Program, subject to the terms
hereof, you will be paid a Commission Fee for each Qualified Purchase by a Referred Customer
that you refer to Hay House World Summit under and in accordance with this Agreement.
“Qualified Purchase” – a sale of Hay House World Summit Products and Services by HH to a
Referred Customer which meets the criteria set forth in Section 5 hereof.
“Referred Customer” – each new and unique customer referred from Affiliate through a Link
(defined in Section 3 below) provided by or approved by Us, which meets the criteria set forth
in Section 5 hereof.
1. Enrollment in the Hay House World Summit Affiliate Program.
1.1. To begin the enrollment process, you must submit a completed Affiliate Program
Signup Form. The Signup Form can be found at http://www.hayhousejv.com/a/affiliates/
1.2. We will evaluate your application in good faith and will notify you of your
acceptance or rejection in a timely manner. We may reject your application if we determine
(in our sole discretion) that your site is unsuitable for our Affiliate Program for any reason,
including, but not limited to, inclusion of content that is, in our opinion, unlawful or does not
meet our terms herein.
1.3. If we reject your application, for any reason, you may not reapply to the Hay House
World Summit Affiliate Program utilizing the same domain name/URL if that domain name/
URL has already been rejected nor may you reapply using a different domain/URL name then
add the previously rejected domain name/URL. HH, in its sole discretion, reserves the right to
notify or to not notify any prospective Affiliate of their rejection or removal from the Hay House
World Summit Affiliate Program at any time.
2. Promotion of our Affiliate Relationship and Affiliate Responsibilities.
2.1. If you qualify and agree to participate as an Affiliate, we will make available to you a
variety of graphic and textual links (each of these links sometimes being referred to herein
as “Links” or, individually, as a “Link”), which are subject to the terms and conditions hereof.
The Links will serve to identify your site as a member of the Hay House World Summit Affiliate
Program and will establish a Link from your site or e-mail to ours. The Links may connect to any
area of our site (although commissions will only be issued on Qualified Purchases). In utilizing
the Links, you agree that you will cooperate fully with us in order to establish and maintain such
2.2. Affiliate will link its site to areas within HH’s site using special URLs specified in the
Engagement (the “Required URLs”). Affiliate may post as many links to the Required URLs and
the rest of HH’s site as it likes on Affiliate’s site. The position, prominence and nature of links
on the Affiliate’s site shall comply with any requirements specified in the Engagement, but
otherwise will be in the discretion of Affiliate.
2.3. Affiliate agrees not to make any representations, warranties or other statements
concerning HH, HH sites, any HH products or services, or HH site policies, except as expressly
authorized by the Engagement.
2.4. Affiliate is responsible for notifying HH of any malfunctioning of the Required URLs
or other problems with Affiliate’s participation in the Engagement. HH will respond promptly to
all concerns upon notification by Affiliate.
2.5. You will be solely responsible for the development, operation, and maintenance of
your site and for all materials that appear on your site. Such responsibilities include, but are not
limited to, the technical operation of your site and all related equipment; creating and posting
product reviews, descriptions, and references on your site and linking those descriptions to our
website; the accuracy and propriety of materials posted on your site (including, but not limited
to, all materials related to Hay House World Summit Products and Services); ensuring that
materials posted on your site do not violate or infringe upon the rights of any third party and
are not libelous or otherwise illegal. We disclaim all liability and responsibility for such matters.
2.6. Affiliate will not present or use any unauthorized content at its site, including,
without limitation, graphical images, logos, text copy, editorial copy, press releases or marks,
that (i) could be interpreted to suggest that such content has been authored or otherwise
provided by, or represents the views or opinions of, HH; (ii) is misleading, defamatory, libelous,
obscene, or otherwise objectionable; (iii) infringes, derogates, dilutes, or impairs the rights of
HH or any third party; (iv) refers to HH but is used as part of a name of a product or service of
a company other than HH; or (v) is used in any other manner inconsistent with any term of this
Agreement or with any provision of law.
2.7. It is the intent of HH to treat our customers fairly and to comply fully with all
Federal Trade Commission’s regulations related to advertising. As such, we require our
Affiliates to comply with these regulations. This includes, but is not limited to, Federal Trade
Commission 16 CFR Part 255: Guides Concerning the Use of Endorsements and Testimonials
in Advertising, which requires, among other criteria, that material connections between
advertisers and endorsers be disclosed. This means that directories, review/rating sites, blogs
and other websites, email or collateral that purport to provide an endorsement or assessment
of an advertiser (in this case HH) must prominently disclose the fact financial or in-kind
compensation is provided from the advertiser. You are advised to seek and obtain your own
legal advice on how these rules apply to your website or other promotional activities for which
you receive compensation. HH reserves the right to withhold commission fees and cancel
the Affiliate relationship with you should we determine, at our discretion, that you are not in
compliance with the previously mentioned guide or other FTC regulations/guides we deem
3. Hay House, Inc. Responsibilities.
3.1. We will be responsible for providing all information necessary to allow you to make
appropriate Links from your site to our site. HH will solely be responsible for order processing
for orders/Qualified Purchases placed by a Referred Customer following a Link from your site,
for tracking the volume and amount of Qualified Purchases generated by your site, and for
providing information to Affiliates regarding Qualified Purchases statistics. HH will be solely
responsible for all order processing, including but not limited to payment processing,
cancellations, refunds and related HH service. Any determination made by HH regarding the
foregoing shall be binding absent manifest error.
4. Ownership and Licenses
4.1. Each party owns and shall retain all right, title and interest in its names, logos,
trademarks, service marks, trade dress, copyrights and proprietary technology, including,
without limitation, those names, logos, trademarks, service marks, trade dress, copyrights and
proprietary technology currently used or which may be developed and/or used by it in the
4.2. As used herein, the following terms shall have the following meanings:
4.2.1. “Hay House Marks” shall mean HH trademarks and service marks now or
hereafter adopted by HH.
4.2.2. “Hay House IP” shall mean all Hay House Marks, logos, slogans, distinctive
color combinations, symbols now or hereafter adopted and in use by HH, whether
registered, or in common law use in connection with the sale and advertising of HH’s
publications, calendars, products, workshops, online events, and live events, as well as
such other products and services which may be designated by HH from and after the
date of this Agreement.
4.2.3. “Author Marks” shall mean HH author trademarks and service marks now
or hereafter adopted by its authors.
4.2.4. “Author IP” shall mean the names, images, likenesses, Author Marks,
logos, slogans, distinctive color combinations, and/or symbols now or hereafter adopted
and in use by HH’s authors, whether registered or in common law use in connection
with the sale and marketing of publications authored by, and/or live events featuring
4.2.5. “IP” shall mean HH and Author IP separately and collectively.
4.3. Conditioned upon Affiliate’s good standing with HH, HH grants Affiliate a revocable,
non-exclusive, worldwide license to use, reproduce and transmit (the “IP”) solely for the
purpose of creating links from Affiliate’s site to the HH site during participation in Engagement,
and subject to the express conditions set forth below:
4.3.1. Except as expressly set forth in this Agreement, Affiliate may not copy,
distribute, modify, reverse engineer, or create derivative works from the IP. Affiliate
may not sublicense, assign or transfer any such licenses for the use of the IP, and any
attempt at such sublicense, assignment or transfer is void.
4.3.2. The use of the IP as part of a URL is strictly prohibited. Affiliate agrees to
immediately transfer title to any such URL to HH immediately upon request.
4.3.3. Affiliate may use HH product images and descriptions from HH website,
(a) Use is to promote HH or HH Authors is a positive manner
(b) Source is referenced by placing an affiliate link to the specified item or
author on the web page where the use was made
(c) Affiliate link is required for any use of content or images found on our
4.3.4. Affiliate its related parties, agents or employees of Affiliate:
(a) May not use our IP in any bids for keywords or Google AdWords (or
similar programs at other search engines), in any search engine advertising (paid
or otherwise), and in any metatags for the trademark “Hay House,” “Louise L.
Hay,” Dr. Wayne W. Dyer,” “Doreen Virtue,” “Angel Therapy,” or a derivation of
these trademarks, including trademark + term, or any other word or term that is
likely to cause confusion regarding its affiliation with Hay House or our authors.
This restriction includes but is not limited to deliberate misspellings or variations
of the trademark HAY HOUSE or author trademarks above. Some examples of
these keywords include, but are not limited to:
Hay House, Inc.
(b) may not use the URL www.hayhouse.com,
www.hayhouseworldsummit.com or any variation thereof as the display URL
in any Search Engine or similar marketing campaign without the prior written
consent of HH.
(c) will use Author Marks only to promote and market HH approved
products and events.
(d) may not use any Hay House Mark or Author Marks as the name, ID,
group, subgroup or identifying designation in any social media platform without
the prior written consent of HH.
(e) HH reserves the right to restrict keyword searches on HH marks at any
4.3.5. Affiliate will not engage in typosquatting (also called URL hijacking) or
cybersquatting, including but not limited to registration and use of URL’s containing
misspellings of HH or Author Marks, which URL’s seek to capture traffic based upon
typographical errors made by Internet users when inputting a website address.
4.3.6. Affiliate agrees to not post coupons or promotional offers that were
unintended for your site. This includes user-generated content.
4.3.7. Affiliate agrees that your Web site will not in any way copy, resemble, or
mirror the look and feel of our Web site. You will also not use any means to create the
impression that your Web site is our Web site or any part of our Web site including,
without limitation, framing of our Web site in any manner. Cookie stuffing, pop-ups,
false or misleading links are strictly prohibited.
4.3.8. HH reserves the right to terminate the rights granted herein at any time.
4.4. Affiliate grants HH a non-exclusive, worldwide, royalty-free license to use,
reproduce and transmit any graphic or banner ad submitted by Affiliate solely for co-branding
purposes or as a return link from HH’s site to Affiliate’s site. HH will remove such graphic or
banner ad upon Affiliate’s request.
5. Order processing, Commissions, and Payments.
5.1. HH agrees to pay Affiliate the commission specified in the Engagement if HH
sells to a visitor to the HH site (a “Customer”) a product or service that is the subject of the
Engagement and if that Customer has accessed the HH site and purchased the product or
service via a Qualifying Link.
5.1.2. A “Qualifying Link” is a link from Affiliate’s site to HH site using one of the
Required URLs or any other URL provided by HH for use in the Engagement.
5.2. HH shall have the sole right and responsibility for processing all orders made by
Customers. Affiliate acknowledges that all Agreements relating to sales to Customers shall be
between HH and the Customer.
5.3. All determinations of Qualifying Links and whether a commission is payable will be
made by HH and will be final and binding on both HH and Affiliate. Prices for the products will
be set solely by HH in its discretion.
5.3.1. Commissions are not paid on, and will not include, a single sale to the
Affiliate themselves, meaning Affiliate cannot purchase the Product for their own use
through their link and receive a commission on that sale. Affiliate commissions are
counted and final numbers are deemed final at the sole discretion and decision of HH.
5.4. HH reserves the right to suspend payment of Commission Fees at any time and
indefinitely, if it suspects fraud or other improper activity or a potential breach of any of the
terms in this Agreement by the Affiliate or a Referred Customer(s). HH reserves the right to
deduct from Affiliate’s current and future Commission Fees any and all Commission Fees
corresponding to any fraudulent and questionable HH purchases.
5.5. Affiliate is responsible for informing HH about changes to postal and e-mail
addresses, as well as any changes to your name, email address, contact information, tax
identification number, or other personal information that will impact HH’s ability to issue a
valid Commission payment. Failure to provide the correct addresses may result in the forfeiture
of any Commissions due to you. Commission Fees that are returned for invalid or insufficient
address information or for other reasons may be forfeited as well.
5.6. Affiliate is responsible for providing HH with the tax and payment information
required to issue a Commission Fee to you. If HH does not receive the necessary tax or
payment information within 90 days of a Commission Fee being earned, HH will consider that
Commission Fee to be forfeited by the Affiliate, and no payment will be issued.
5.6.1. Each Affiliate is required to submit a W8/W9 tax form before HH will
issue any Commission Fees. You are responsible for the payment of all taxes related to
the commissions you earn under this Agreement. In compliance with tax laws, HH will
issue a Form 1099 to Affiliates whose earnings meet or exceed the applicable amount
warranting the Form 1099.
5.6.2. Any address changes must be made in the Affiliate profile in the Affiliate
Console at least 15 business days prior to the end of the payment time period in order
for Commissions for that time period to be sent to the revised address.
5.6.3. HH is not responsible for any third-party fees charged by PayPal, bank or
other financial institutes used to receive Affiliate Commission Fees.
5.6.4. Disputes: Affiliate has access to HH’s real-time Affiliate Program statistics
and activity and specifically agrees to file any tracking or commission disputes as well as
any other disputes and discrepancies within 45 days after the end of the month in which
the sale or event that is disputed occurred. Disputes filed after 45 days of the date on
which the Qualified Purchase occurred will not be accepted by HH and Affiliate forfeits
forever any rights to a potential claim.
5.6.5. HH, in its sole discretion, reserves the right to modify the terms of this
Commission payment method or schedule at any time. Such changes shall take effect
6.1. Affiliate agrees that emails promoting Hay House World Summit Products and
Services, its authors, products or events, must comply with the U.S. Federal Can-SPAM Act and
any comparable laws that apply to the transmission of Affiliate’s emails.
6.1.2. Affiliate agrees NOT to send any unsolicited email to any party while under
this Agreement. HH has ZERO tolerance toward any Affiliate who spams any party or
individual, period. If Affiliate is caught spamming by “bots” or automated or anonymous
social media posting, they will be removed from the Hay House World Summit Affiliate
Program, and their commissions or pending commissions will be canceled and/or
forfeited. Spam is defined as emailing or posting to anyone who has not requested
information via email or any website, and also includes “spamming search engines”
or social media with links. Affiliate agrees to abide by all Federal Trade Commission
Guidelines and the U.S. Federal Can-SPAM Act.
6.2. Affiliate shall only send an email or other form of electronic message or
advertisement containing HH’s name, product or service, web site address, metatag or any
other type of identifier to any recipient if the recipient has directly consented to receive such
communication from Affiliate or Affiliate has a pre-existing business relationship with the
recipient. In addition, Affiliate agrees to provide a recipient of such communication with the
ability to “opt out” of further communications from Affiliate either by calling a toll free number
or by sending an “unsubscribe” email to Affiliate.
6.3. Affiliate agrees to receive communications via email, mail, and phone from HH
when related to the participation in the Hay House World Summit Affiliate Program. This
includes program newsletters and on occasion, special offers and other notifications.
6.3.1; Affiliate agrees to keep Affiliate Account contact information current.
6.3.2. Affiliate understands that invalid contact information is grounds for
7.1. Either party may terminate this Agreement at any time, for any reason, provided
that they provide at least five days prior written notice of such termination to the other party.
Termination of this Agreement shall also terminate any outstanding Engagements. However,
all rights to payment, causes of action and any provisions which by their terms are intended to
survive termination, shall survive termination of this Agreement.
8.1. Each party represents to the other that (a) it has the authority to enter into this
Agreement and sufficient rights to grant any licenses granted hereby, and (b) any material
which is provided to the other party and displayed on the other party’s site will not (i) infringe
on any third party’s copyright, patent, trademark, trade secret or other proprietary rights or
right of publicity or privacy; (ii) violate any applicable law, statute, ordinance or regulation; (iii)
be defamatory or libelous; (iv) be lewd, pornographic or obscene; (v) violate any laws regarding
unfair competition, antidiscrimination or false advertising; (vi) promote violence or contain hate
speech; or (vii) contain viruses, trojan horses, worms, time bombs, cancelbots or other similar
harmful or deleterious programming routines.
8.2. EXCEPT FOR THE ABOVE REPRESENTATIONS NEITHER PARTY MAKES ANY
REPRESENTATIONS OR WARRANTIES TO THE OTHER PARTY, INCLUDING, BUT NOT LIMITED TO,
ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
In addition, HH makes no representation that the operation of our site will be uninterrupted
or error free, and we will not be liable for the consequences of any interruptions or errors,
including the tracking of information about Referred Customers during the period of
9.1. Affiliate agrees to indemnify, defend and hold harmless HH and its affiliates,
directors, officers, employees and agents, from and against any and all liability, claims, losses,
damages, injuries or expenses (including reasonable attorneys’ fees) brought by a third party,
arising out of a breach, or alleged breach, of any of its representations or obligations herein.
9.2. Your application submission acknowledges that you have read this Agreement and
agree to be bound by all its terms and conditions. You understand that we may at any time
(directly or indirectly) solicit HH relationships on terms that may differ from those contained in
this Agreement. We may also solicit HH relationships with entities that operate websites that
are similar to or compete with your website. You have independently evaluated the desirability
of participating in the Hay House World Summit Affiliate Program and are not relying on any
representation, guarantee, or statement other than as set forth in this Agreement.
10. Limitation of Liability.
10.1. Except for Section 7.1 (“Indemnification”, in no event shall either party be liable
to the other party for any direct, indirect, special, exemplary, consequential or incidental
damages, even if informed of the possibility of such damages.
11.1. Each party shall act as an independent contractor and shall have no authority to
obligate or bind the other in any respect. Nothing in this Agreement will create any partnership,
joint venture, agency, franchise, sales representative, or employment relationship between
the parties. You will have no authority to make or accept any offers or representations on HH’s
behalf. You will not make any statement, whether on your site or otherwise, that reasonably
would contradict anything in this section.
11.2. This Agreement has been made in and shall be construed and enforced in
accordance with the laws of the State of California. Any action to enforce this Agreement
shall be brought in the federal or state courts located San Diego County, California. All official
correspondence shall be sent by registered mail to HH’s headquarters, to the attention of the
HH Affiliate Manager.
11.3. HH may modify any of the terms and conditions contained in this Agreement,
at any time and in its sole discretion, by posting a change notice or a new Agreement on
the Hay House World Summit Affiliate Site and giving you notice of the modification. IF ANY
MODIFICATION IS UNACCEPTABLE TO AFFILIATE, ITS ONLY RECOURSE IS TO TERMINATE THIS
AGREEMENT. AFFILIATE’S CONTINUED COMPLIANCE WITH THIS AGREEMENT FOLLOWING HH’s
POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON ITS SITE WILL CONSTITUTE BINDING
ACCEPTANCE OF THE CHANGE.
11.4. This Agreement may be agreed to in more than one counterpart, each of which
together shall form one and the same instrument. The parties agree that execution may be
achieved in any format convenient to the parties.
11.5. The provisions of this Agreement are independent of and separable from each
other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the
fact that for any reason any other or others of them may be invalid or unenforceable in whole
or in part.
I INDICATE MY APPROVAL OF THIS AGREEMENT AND DESIRE TO BECOME AN AFFILIATE UNDER THESE TERMS AND CONDITIONS BY COMPLETING AND SUBMITTING THE AFFILIATE PROGRAM SIGNUP FORM, BY SUBMITTING PROPOSED REFERRED CUSTOMERS OR QUALIFYING PURCHASES TO US UNDER OUR AFFILIATE PROGRAM AND/OR BY COLLECTING AND
COMMISSION FEES FROM US.
This file was last modified February 28, 2013.