Affiliate Program Terms and Conditions

Updated: August 10, 2021

Mindful Mama Birth Services is owned and operated by Jennifer Kula (referred to as “we”), with a principal place of business at 238 State Street, Batavia, NY 14020. We offer doula services, education courses, learning materials and digital courses (referred to as “products) at mindfulmamabirthing.com (the “site) as well as http://www.holistic-childbirth-education.thinkific.com. In order to market and promote our products, we host an Affiliate Marketing Program (the “program”), where you (“you” or “affiliate”) may advertise, share, and promote the courses at the site in exchange for a commission. 

By signing up to participate in this affiliate program, you agree to be bound to these Terms and Conditions (“terms” or “agreement”), with an effective date of 8/10/2021. We reserve the right to change any of these terms and conditions when necessary and will notify you of any changes made to these terms. 

1. Affiliate Link and Platform

We use the education platform Thinkific to create, host, and share courses and run our affiliate program. When you complete your survey form to sign up to become an affiliate, you will be added as a user to Thinkific. You will receive an email prompting you to create an account and password. You can use this account and portal to find your affiliate link, check payment information, and more. 

In the Thinkific account portal, you will be provided with a unique affiliate link to share with your community and track your promotional efforts. It is very important to remember that you must only share your unique affiliate link when marketing courses. You will only receive a commission for sales that are tracked through your affiliate link. 

2. Commission and Payouts

You will receive compensation through a commission for your participation in the affiliate program. You will receive a 40% commission for every course that is purchased using your unique affiliate link. Commission is calculated based on gross revenue of sales completed.

You will receive a commission payout through PayPal at 7 days after the commission is processed. If there is any issue with processing your payment, we will notify you in writing of the issue. 

3. License for Promotional Materials

As part of your participation in the program, you will be given content such as email copy, images to share on social media, and other resources (“promotional materials”). The purpose of these promotional materials is to make it as easy as possible to participate in the program. During the Term of this agreement, for the sole purpose of promoting courses, Mindful Mama Birth Services grants the affiliate a non-exclusive, royalty-free license to use, reproduce, copy, alter, distribute, and share any promotional materials. 

4. Advertising

You shall not engage in any deceptive advertising practices when promoting our courses. As an affiliate, you agree to always disclose your affiliate relationship with Mindful Mama Birth Services and to adhere to all applicable marketing and advertising laws, including but not limited to the FTC (Federal Trade Commission). In the event, you are found to be in noncompliance with any federal, state, or local laws regarding consumer protection or disclosure laws, you are fully responsible for your conduct.

5. Intellectual Property

As a member of the Affiliate Program, you acknowledge and agree to the following:

-All content, including promotional materials, involved in your participation in the program are the sole property of Mindful Mama Birth Services and are copyright protected. Unauthorized use of the materials shall be deemed a violation of intellectual property rights.

-Any content you create as part of your participation in the program, including but not limited to social media posts, emails, blog posts, and podcasts shall be deemed your sole and individual property. You shall not use Mindful Mama Birth Services’ logos, images, likeness, or other information in your content without express written permission to do so. 

-Any content created in partnership with Mindful Mama Birth Services will be jointly owned by you and Mindful Mama, as defined under 17 U.S. Code § 101 of the Copyright Act.

6. Term Agreement and Termination

The term of this affiliate program agreement shall begin on the effective date and remain in effect until the agreement is terminated. You can terminate this agreement at any time by ending your membership in the program. Mindful Mama Birth Services may terminate this agreement at any time due to breach of terms and conditions by an affiliate program member or by your written notice. 

7. Confidentiality Agreement

All parties agree to keep confidential all proprietary information related to the other party’s business, and any other non-public information. The terms of this agreement are considered confidential information. The parties shall not disclose any confidential information to any third party during the terms of this agreement or thereafter. 

8. Miscellaneous 

  1. Governing Law. These terms and conditions shall be governed and construed in accordance with the laws of the State of New York.
  2. Representations and Warranties. Each party represents and warrants to the other that it has the right to enter this agreement and fulfill its obligations without violating any other third-party agreement. Each party also represents and warrants to the other that to the best of its knowledge, any and all materials or information provided: does not infringe on any third party rights, including intellectual property rights, unfair competition, or privacy rights, and is true in all respects. 
  3. Assignments. The benefits and responsibilities of each party, under this agreement, shall not be assigned without the written consent of the other. 
  4. Modifications. No modifications to this agreement or waiver of any provisions therein will be valid unless in writing and signed by both parties. 
  5. Force Majeure. Neither Party will be considered to be in breach of this Agreement on account of any delay or failure to perform as a result of any acts of God, pandemics, acts of any political entity, or natural disasters, or any other causes or conditions that are beyond such party’s reasonable control. If such an event occurs that may result in failure to perform, the affected party will give prompt written notice to the other party and will use reasonable efforts to minimize the impact of the event.
  6. Written Notice. Any notice required under this agreement must be in writing and delivered to the other party by email or to the party’s address listed in this agreement. 
  7. Relationship. The relationship between the parties in this agreement is that of independent contractors. No partnership, employment, joint venture, or agency is created in this agreement.
  8. Agreement. This agreement constitutes the entire contract and agreement between the parties. There are no additional promises, conditions, understandings, or written or oral terms to this agreement. You certify and acknowledge that you have had the opportunity to read this agreement, and you have entered into this agreement with an awareness of its terms and conditions.