INTRODUCTION.

Thank you for reviewing Abundant Yogi.com’s terms and conditions of use agreement. This site is owned and operated by K2 Collective Inc. (DBA Abundant Yogi), a South Carolina Corporation (but will hereinafter be referred to as “Abundant Yogi”, “We”, “Our” or “Us” or “AY”).

This agreement applies to persons who visit, purchase from, or otherwise use the Abundant Yogi Website. If you do not agree to be bound by the terms and conditions of this agreement, do not use or access our suite of websites.

AVAILABILITY AND ELIGIBILITY.

Our sites are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our sites are not available to children (persons under the age of 18). The sites are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to applicable law or regulation. Competitors are not authorized to access or use our site without express, written permission from us in advance of such access. If you do not qualify, please do not use our sites.

USER’S RESPONSIBILITIES AND ACKNOWLEDGMENTS.

As an Abundant Yogi user you are obligated to read this agreement and our privacy policy before you utilize our sites, purchase anything from us, or provide any information to us. You agree to read and be bound to the terms of this agreement and those of our privacy policy and other policies we have now or may adopt in the future. You acknowledge and agree that we do not offer legal, professional, or financial advice. The sites are provided for informational purposes only.

RESTRICTED ACTIVITIES.

You are prohibited from any use of the sites or their content that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state, or locality or of any international law or treaty, or that could give rise to any civil or criminal liability. Your information provided to us and your activities on the sites shall not: (A) Be false, inaccurate or misleading; (B) Be fraudulent; (C) Infringe any third party’s copyright, patent trademark, trade secret or other proprietary rights or rights of publicity or privacy; (D) Violate any law, statute, ordinance or regulation; (E) Be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (F) Contain any viruses, trojan horses, or the like, or other computer programming routines that may damage or interfere with the site; and (G) Create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.

You may not copy, reproduce, modify, create derivative works from, distribute or publicly display any Abundant Yogi content without the prior express written permission of Abundant Yogi. You may not consummate any transaction on the site, or that was initiated using our sites, that could cause us to violate any applicable law, statute, ordinance or regulation.

BREACH.

Without limiting other remedies, we may limit your activity, issue a warning, temporarily suspend, indefinitely suspend or refuse to provide our services to you if, within our sole and independent judgment: (A) You breach, or we anticipate that you are about to breach, this agreement or the documents it incorporates by reference; (B) We are unable to verify or authenticate any information you provide to us; or © We believe in our sole opinion that your actions may cause financial loss or legal liability for you, our users or us. We can also terminate this agreement at any time, with or without cause. If you violate or otherwise breach this agreement, Abundant Yogi will not issue any refunds or commissions of any amount to you.

PRIVACY.

We only use your information as described in our privacy policy. Our current privacy policy is available at http:/www.abundantyogi.com/privacy-policy/. We may change the privacy policy in the future. You should check the privacy policy frequently for changes.

INTELLECTUAL PROPERTY.

AbundantYogi.com contains intellectual property that is protected by the laws of the United States as well as international law. You may not publish, re-transmit, distribute or otherwise make unauthorized use of the material on the sites except as permitted under the applicable laws.

DMCA POLICY.

Abundant Yogi takes claims of copyright infringement very seriously. Our policy for handling claims of infringement is to have our designated agent review and respond to notices of infringement when a DMCA complaint notice is provided to us. In accordance with the digital millennium copyright act (“DMCA”), Abundant Yogi has designated an agent to receive notification of alleged copyright infringement occurring on the site. If you believe that your copyrighted work is being infringed, notify the designated agent specified below:

K2 Collective Inc.
ATTN: DMCA DESIGNATED AGENT
1000 PALM BOULEVARD, SUITE 1162
ISLE OF PALMS, SC. 29451 USA

The Digital Millennium Copyright Act requires that all infringement claims must be in writing and must include the following information:

  • A description of the copyrighted work claimed to have been infringed;
  • A description of the infringing material and information reasonably sufficient to permit K2 Collective Inc. to locate the material;
  • Your contact information, including your mailing address, telephone number and email address;
  • A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  • A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner;
  • And a physical or electronic signature of the copyright owner or the person authorized to act on its behalf.

E-MAIL POLICY.

Please be advised that if you provide us with your email address and/or phone number – you have expressly granted us the right to contact you by either of these methods. You may opt out of receiving future contact by following the instructions at the bottom of each Abundant Yogi e-mail message.

DISCLAIMER OF WARRANTIES.

We, our officers, directors, agents, employees, contractors and suppliers provide our websites, products and services “As Is” and without any warranty or condition, express, implied or statutory. We, our officers, directors, agents, employees, contractors and suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, title and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.

In addition, we specifically disclaim all warranties that the sites, products, or services will meet your requirements, will always be available, accessible, uninterrupted, timely, secure or operate without error; will be accurate, adequate, reliable, complete, and we disclaim the usefulness of any of the content. We disclaim liability for errors or omissions in the content; any implied warranty arising from course of dealing or usage of trade; and any obligation, liability, right, claim or remedy in tort, whether or not arising from the negligence of Abundant Yogi.

Additionally, there are no warranties as to the results of your use of the content. To the full extent permissible under applicable law, Abundant Yogi disclaims any and all such warranties.

FEEDBACK DISCLOSURE:

Your membership entitles Abundant Yogi to collect and use any/all feedback you’ve voluntarily provided that relates to your experience as a member (whether via our live classes, by email and/or inside of any of our online forums) in our marketing and promotional efforts. Additionally you authorize Abundant Yogi to utilize any of your available profile photo’s available within the public domain as a visual component to accompany your feedback.

Unless you alert us otherwise, it will be assumed that you willingly grant us the right to edit, modify and contextualize your feedback as long as the integrity of your original statement and the core of your message remains in tact. If you know in advance that you do not want your feedback to be published, simply let us know by email at anytime. You are also entitled to have us remove or revise any previously published feedback at anytime so as to represent the most authentic expression of your experience here as a student.

LIMITATION OF LIABILITY.

In no event shall we, our officers, directors, agents, employees, contractors and suppliers, be liable for lost profits or any special, incidental or consequential damages however arising, including negligence, arising out of or in connection with this agreement and/or your use of the websites.

Our liability to you or any third party in any circumstance is limited to the lesser of A) The amount of money you pay to us in any one year or B) $100. If the foregoing limitation is found to be invalid, you agree that Abundant Yogi’s total liability for all damages, losses, or causes of action of any kind or nature shall be limited to the greatest extent permitted by applicable law.

INDEMNITY.

You agree to indemnify and hold us and our officers, directors, agents, employees, contractors and suppliers, harmless from any claim or demand, including reasonable attorney fees, made by any third party, including but not limited to any claim arising out of your violation of this agreement or your use of the sites in violation of this agreement or in violation of any applicable law. You further agree that you will cooperate fully in the defense of any such claims. Abundant Yogi reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of Abundant Yogi or K2 Collective Inc. You further agree to indemnify and hold harmless Abundant Yogi from any claim arising from a third party’s use of information or materials of any kind that you post to the sites.

DISPUTE RESOLUTION.

You agree that any controversy or claim arising out of or relating to this agreement and/or your use of the website, except for matters exclusively between registered or authorized users and not involving Abundant Yogi shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association.

Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted exclusively in Charleston, SC and the judgement on the arbitration award may be entered in any court having jurisdiction thereof. Either you or Abundant Yogi may seek any interim or preliminary relief exclusively from a court of competent jurisdiction in Charleston, SC, necessary to protect the rights and property of you or Abundant Yogi pending the completion of arbitration.

LICENSES.

Abundant Yogi grants a limited license to each participant to make personal use only of the sites in accordance with this agreement. This license expressly excludes, without limitation, any reproduction, duplication, sale, resale or other commercial use of the sites, making any derivative of the sites, the collection and use of user e-mail addresses or other user information, or any data extraction or data mining whatsoever. You agree that you will not compile, reproduce, republish or resell for any commercial purpose routine any information on our sites and not use any device, software or routine that may interfere with the operation of the sites.

WAIVER.

Failure by Abundant Yogi. to enforce any of its rights under this agreement shall not be construed as a waiver of those rights or any other rights in any way whatsoever.

RIGHT TO CHANGE THIS AGREEMENT.

Abundant Yogi reserves the right to change any of the terms and conditions contained in this agreement or any policies or guidelines governing the site or services, at any time and in its sole and independent discretion. Any changes will be effective upon the posting of the changes on the site. You are responsible for reviewing the changes. Changes to referenced policies and guidelines may be posted without notice to you. Your continued use of this site and the services following Abundant Yogi posting of any changes will constitute your acceptance of such changes or modifications. If you do not agree to any changes to this agreement, do not continue to use the services or this site.

GENERAL PROVISIONS.

This is the entire agreement governing the use of Abundant Yogi. No delay by either party shall waive rights under this agreement. This agreement is governed by, and to be construed in accordance with, the laws of the state of South Carolina, without regard to that State’s conflict of laws provisions. By using the sites you expressly agree that personal jurisdiction and venue are proper exclusively in the state and federal courts located in the state of South Carolina. No waiver of any breach of this agreement shall be a waiver of any other provision of this agreement, and no waiver shall be valid unless in writing signed by the parties.

If any provision of this agreement is held invalid, such provision shall be restated to reflect, as nearly as possible, the original intention of Abundant Yogi in accordance with applicable law and the remainder of the agreement shall remain in full force.

AFFILIATE AGREEMENT.

Each participant in the affiliate program (“affiliate,” “you,” or similar terms) offered by Abundant Yogi (the “Program Operator”) at www.AbundantYogi.com (i.e. the “website” ) expressly agrees to this affiliate agreement.

NOTICE: Please read this agreement carefully. Unless you expressly agree and consent to this agreement, you may NOT participate in the affiliate program. By participating in the affiliate program, you are agreeing to comply with and be legally bound by the terms and conditions of this contract. If you do not agree to all of the terms of this agreement, please do not register for the affiliate program.

This agreement incorporates the Program Operator’s Terms and Conditions of Use (located on this and all our websites) herein as if it were set forth in full. Throughout this agreement, “affiliate program” refers to the affiliate program operated by the Program Operator in part for all our above referenced websites.

AFFILIATES.

Each affiliate is an independent contractor of the Program Operator and not an employee. Nothing herein is intended to create an employer/employee relationship.

INCOME TAX LIABILITIES.

Each affiliate acts as an independent contractor and as such is responsible for any or all applicable income taxes, fees, and any other tax liabilities that affect or concern the sales of the products or services, in your country or location. It is the affiliate’s sole responsibility, and not the responsibility of the Program Operator, to take any steps necessary to handle these sums under the applicable tax code and other applicable laws.

COMMISSION RATES & PAYMENTS.

Commissions are paid on the first week of each calendar month (usually on or around the 1st of each month and no later than the 5th) for sales which qualify for payout. A 50% commission will be paid out on all “starter product” referred sales (Lifestyle Design Templates; Do It for The Love & The Money) if an affiliate cookie is present and valid.

A 5% commission will be paid out on all “core coaching program” referred sales (LifeLaunch; Abundant Yogi PHD) if an affiliate cookie is present and valid. The core program commission rate is 10% if you yourself are a member of LifeLaunch, PHD, or LDC.*

*Note: We are no longer offering our Lifestyle Design Coaching Certification to new students. If you are currently enrolled in LDC or an LDC graduate, you will earn 10% commission on LifeLaunch and PHD.

PAYMENT SCHEDULE: Commissions are paid out between the 1st and the 5th of each month for sales older than 30 days. This allows us to account for potential refunds/chargebacks which are a normal aspect of any sales process.

MINIMUM COMMISSION:
There is a minimum commission payout amount of $100.00 USD. You must reach at least $100 in commissions due which are ALL from sales outside of a 30-day guarantee period. This is the minimum amount that you must earn before you will be paid commissions. In any commission period, your commission must exceed this amount before you will receive any sums for that period. Commissions below this minimum amount will be held until such time as the commission equals or exceeds this amount.

Commissions are not paid for any sales for which payment has not been received, or for any transaction that has been rejected for any reason. We are not responsible for paying interest to affiliates for accrued but not yet delivered commission payments.

All commissions are paid in US Dollars by PayPal, to the PayPal address provided at the point of joining our affiliate program, or the PayPal address you subsequently advise us of. It is your responsibility to ensure we hold an up-to-date, active PayPal email address for payments. You can advise us if you wish to change this address at any time by writing us at affiliates(at)abundantyogi.com

NEGATIVE BALANCE: When a customer refunds, there is a ‘clawback’ which MAY NOT affect your commission until the NEXT MONTH. Meaning you may have a negative balance. If this occurs, we will apply this to future commissions.

W-9/W-8: In order to pay you out your commissions, we need the correct withholding form from you. Please complete either the W-9 or W-8 form on this page.

*International Affiliates are responsible for choosing the correct W-8 form. Please visit www.irs.gov to view the instructions for which form to use and please be sure you have submitted the correct form. In most cases, the W-8BEN form on this page is what is required. If a different form is required for your country, print it out, fill it out, scan the completed form, and email it to affiliates(at)abundantyogi.com.

**If you have not sent in the required form within 60 days of our 2nd request, your affiliate status will become inactive and you will forfeit your commissions.

EARNING COMMISSION ON PRODUCTS.

Abundant Yogi Affiliate/Referral Partners will earn commissions on sales resulting from referrals brought to us through the unique affiliate links generated inside their Abundant Yogi Affiliate/Partner Center.

Our affiliate links work on a “last affiliate wins” system, meaning the most recent affiliate link an affiliate clicks should be credited with the sale. Please note we do advise affiliates to ask their referrals to clear cookies before using their links to ensure credit of the sale to their account.

Any purchases referred through links not generated inside the affiliate center will not track to a specific affiliate account and cannot be attributed to a specific affiliate. In special rare cases (at our own discretion) we will credit a sale to an affiliate that has not tracked if they can provide relevant information about the buyer, and we can confirm this with the buyer. Sales will not be attributed to an affiliate if another affiliate has already been credited with the sale (i.e. we will not change the attributed affiliate on a sale).

We use cookies to track affiliate referrals and sales. We deliberately do not apply an expiration date to the cookies our system applies to website visitors you may send us, thereby giving you and your traffic “lifetime cookies”. This is a rare practice in the industry and is one of the ways we show you the love!

PROHIBITED ACTIVITIES (A.K.A. THE RULES!).

You agree that you are NOT allowed to do the following things if approved for the affiliate program. By doing any of the following, you will be terminated from the program and agree that any commissions will be forfeited without recourse:

  1. You are NOT permitted to conduct email promotions in a 3rd party systemAll email contacts MUST be your OWN opt-in email list. You cannot buy solo ads from a 3rd party, use safelists, use spam or anything similar.
  2. You must NOT run “negative” PPC or iFrame domain campaigns — such as “Product name / author name scam” or any other method to attract controversial click through rates that an ordinary person would deem to portray a negative view of Abundant Yogi, or any people or products related to our brand. This reflects badly on us, and is not a clean marketing method. Don’t do it.
  3. You must NOT use our photos, names, company name, product names, team member names or brands (Abundant Yogi or Mindful Marketing Academy) in your advertising on Facebook, Google or anywhere else. You also cannot use Abundant Yogi, Kraig Ward, Kris Ward or ANY of our team member names or product names in your domain name. One-hundred percent of our websites and products are registered trademarks of Abundant Yogi. Should you break this rule, you will be terminated from the program immediately and forfeit any/all unpaid commissions. We reserve the right to enforce trademark infringement.
  4. You must NOT use our photos, names, company name, product names, team member names or brands (Abundant Yogi or Mindful Marketing Academy) in your advertising on Facebook, Google or anywhere else. You also cannot use Abundant Yogi, Kraig Ward, Kris Ward or ANY of our team member names or product names in your domain name. One-hundred percent of our websites and products are registered trademarks of Abundant Yogi. Should you break this rule, you will be terminated from the program immediately and forfeit any/all unpaid commissions. We reserve the right to enforce trademark infringement.
  5. You must never use FAKE testimonials, review sites, or news sites — or use any false information when promoting our offers. If you DO put up a review of any Abundant Yogi products or programs, and you use an affiliate link, you MUST disclose that you are an affiliate and that you will be compensated if the reader/viewer buys through your link. We have zero tolerance and will delete your affiliate account immediately and you’ll hear from our legal team if you neglect to follow this simple rule. See the FTC guidelines here.
  6. PPC campaigners may bid on any keywords including the product names and author names as long as you agree that these trademarks and product names are the property of Abundant Yogi and you are only using them under this affiliate agreement. Knowing that this agreement may be revoked by Abundant Yogi at any time.
  7. You must not scrape content from our sites, RSS feeds or use the same text. Be sure to create original content so that you get better search results.
  8. You cannot earn commission on your own purchase. If you’re promoting our products, it’s assumed you’re either already a satisfied full-paying customer, or have had enough experience with our brand to confidently promote the solutions (products) we have to offer. If you’ve yet to invest in our products and they have appeal to you and your business, please purchase with confidence, knowing that you’re entitled to the same money back guarantee as all of our other customers. Any “self” purchase commission will be nullified.
  9. You need a minimum of $100 in qualified commissions in order to trigger a commission payout.
  10. You should avoid using the raw affiliate link. All affiliates are encouraged to utilize RE-direct links in emails and website campaigns and not the direct affiliate link you will receive. This increases conversions for both of us and is a standard practice for affiliates ‘in the know’ but we figured we’d add this for the sake of clarifying.
  11. Any JV Prizes are awarded based on qualified leads and are subject to fraud reviews. Qualified leads are unique customers who fill out the opt in form themselves with valid information. We will expressly deny or modify prizes based on lead quality. Activities of Fraud will lead to further actions.
  12. We do not permit offering cash back, rebates or other discounts as part of your affiliate offer or promotions. We advise promoting our products/programs on their own merits. Our most successful affiliates offer unique bonuses such as additional training, resources or setup services.

DORMANT AFFILIATE ACCOUNTS

Accounts with a positive balance (under $100) but no earnings for an extended period of time are considered dormant. All balances on dormant accounts will be cleared after 365 days of no earnings.

UK AFFILIATE VAT

Note to UK affiliates: Some Affiliate Commission is VAT Inclusive and you may be required to provide a Tax Invoice prior to receiving payments.

CONTACT ABUNDANT YOGI / K2 COLLECTIVE INC.

Except as explicitly stated otherwise, any notices to Abundant Yogi shall be given by postal mail to:

K2 COLLECTIVE INC.
1000 PALM BOULEVARD, SUITE 1162
ISLE OF PALMS, SC 29451

You agree that you will notify Abundant Yogi in writing of any claim or dispute concerning or relating to the site and the information or services provided through it and give Abundant Yogi a reasonable period of time to address it before bringing any arbitration or legal action.

COPYRIGHT © 2008-2015 K2 COLLECTIVE INC.