Effortless Mindfulness Level 1 Partner Program Terms of Service

Last Updated: August 28, 2024

Effortless Mindfulness Level 1 is a 6 week introductory course to Effortless Mindfulness created by Loch Kelly. It is provided by Natural Wakefulness Center (“NWC”), a 501(c)(3) Public Charity, which provides users with meditation instruction and information (the “EM Level 1 Program”). The EM Level 1  Partner Program (“L1 Program”) provides you (“you” or “Partner”) with specific training and resources about the EM Level 1 Program to encourage and enable your participation in the EM Level 1 Partner Program (as described below) and interaction with existing and prospective users of the EM Level 1 Program (“EM Level 1 Customers”). Your participation in the EM Level 1 Partner Program is subject to these EM Level 1 Partner Program Terms (the “Program Terms”).

Please make sure that you read and understand the Program Terms. The Program Terms are a legal agreement between you, the Partner, and NWC that specifically govern your participation in the EM Level 1 Partner Program. By participating in the EM Level 1 Partner Program, you are agreeing to the Program Terms. If you do not agree to the Program Terms, do not participate in the EM Level 1 Partner Program.

We may, at any time, modify the Program Terms. If we modify the Program Terms, we will post our modified Program Terms on our website or through the EM Level 1 Partner Program. If you do not agree to the new program terms (or cannot comply with), you may not join the EM Level 1 Partner program and/or will have your membership terminated.

Effortless Mindfulness Level 1 Partner Program Outline

Program Requirements: to become part of the EM Level 1 Partner Program, you must be approved by NWC.

Payment Terms: You’ll earn commissions and accrue rewards from the 1st to the final day of a month. Please note that customers are eligible for a full refund or to cancel their enrollment in the course and receive a refund until October 7, 2024. A sale is considered eligible for commission after the cancellation window has passed and a request for refund was not made within the cancellation window. Commissions will be paid on the amount paid by the EM Level 1 customer pays for the program, which may include discounts. Commissions will be paid on net revenue after payment processing fees.  Taking this into account, a sale is credited to you once the new customer is therefore no longer eligible for a refund. Commissions will be paid to you no later than Oct 17, 2024, assuming all necessary documents for payment have been received.

Referrals

NWC uses ThriveCart to manage our EM Level 1 Partner Program. Within this portal, you can generate a unique EM Level 1 referral link that you can provide to your clients or others who may wish to sign up for the EM Level 1 Program through you (“Referral Page”). Your ThriveCart account will also include EM Level 1 Program brand assets to help you with promotions.

Additional Terms and Conditions

Our Terms of Service, Privacy Policy, and other terms and conditions applicable to subscribers of the EM LEvel 1 Program, each of which is currently published at Natural Wakefulness Center-owned websites (collectively, the “Standard Terms”), are incorporated and made part of these Program Terms. You hereby agree to all applicable Standard Terms. If there is a conflict between these Program Terms and the Standard Terms, the Standard Terms will control. You may also be subject to additional terms and conditions that may apply when you use third-party content, third-party services or third-party software. You acknowledge that the Terms of Service, Privacy Policy, and other terms and conditions applicable to customers of the EM Level 1 Program may be modified by NWC from time to time.

Materials

You may be provided with one or more logo(s) or other resources for use in accordance with these Program Terms and the license below (“Program License”). In addition to the Program Licence, you may be provided with other materials, such as software, promotional materials, training documentation and methodologies, coupons or discounts for EM Level 1 Customers or prospects, and other materials that you can use for promoting the Mindful Glimpses Service and to assist in promoting your activities as an Partner (the “EM Level 1 Materials”).

License to Material

As long as you continue to comply with these Program Terms and participate in the EM Level 1 Program, NWC hereby grants you a personal, limited, revocable, non-exclusive, non-transferable license for the sole and exclusive purpose of promoting the EM Level 1 Program as a member of the EM Level 1 Program, to: (a) use the EM Level 1 Program, (b) distribute those EM Level 1 Materials as designated for public distribution by NWC, and (c) use the Program License in accordance with these Program Terms, subject to the examples below.

Approved Uses

• Use any promo materials from the partner portal and request missing materials.
• Place your referral link in any kind of EM Level 1 Program review or vendor comparison that reflects your opinion.
• Promote the EM Level 1 Program on your social media channels.
• Place approved EM Level 1 Program banners on your site and remove them any time.

Not Approved Uses

• Use your referral link on a coupon, promo, or deal site as well as adult, dating or any site that promotes illegal content.
• Promote the EM Level 1 Program via Paid Search Placement in any search engine.
• Use “Effortless Mindfulness,” “NWC,” or any other NWC-copyrighted materials in your domain/personal branding. 
• Use your own banners promoting the EM Level 1 Program without approval
• Refer your own account to get commissions.
• Send your referral links in unsolicited mail batches.

Termination and Change

These Program Terms will continue until terminated.

1. You may terminate these Program Terms at any time and for any reason by (a) removing all references to your participation in the EM Level 1 Program on any website, social media site, or other publicly available advertising or other media, (b) stop using all EM Level 1 Program Materials provided for purposes of your participation in the EM Level 1 Program.
2. We may terminate or suspend your access to the EM Level 1 Program at any time and for any reason with or without notice and without liability, including if you are no longer eligible for the EM Level 1 Program, we discontinue the EM Level 1 Program, we reasonably believe that you have violated these Program Terms, or we reasonably believe that you have created any risks to us, EM Level 1 Program Customers or any other person. Upon termination rights and license to material shall immediately terminate. You will also immediately remove all EM Level 1 Program Materials from any publicly available websites or materials.
3. Any modifications to the Program Terms will be communicated to you via email whereby you’ll have 30 days to accept or decline the new terms. Declining will result in the termination of your participation in the EM Level 1 Program.

No Expansion of Obligation

You acknowledge that NWC’s obligations to EM Level 1 Program Customers are set forth in Mindful Glimpses’s Standard Terms. You are not allowed to make any representation, warranty or promise for or on behalf of NWC, or otherwise obligate NWC in any manner (contractually or otherwise), to any of your clients or any other person. You will be legally responsible for any person acting for you or on your behalf.

Legal Compliance

You agree to comply with all applicable federal, state and local laws and regulations, in the conduct of your consulting and other activities relating to the Programs.

Product Rights

NWC will own all right, title and interest in and to all information that is created or collected in the operation of the Effortless Mindfulness Website including, without limitation: (i) any contact information collected from any EM Level 1 Program Customer (the “Contact Information”); and (ii) any information collected about product or services sales of the EM Level 1 Program generated through the Referral Page (the “Sales Information”). NWC may make certain Sales Information available online to the Partner from time to time. Partner will not disclose any Sales Information to any third party without NWC’s prior written approval and not use such Sales Information without the written approval of NWC.

Indemnification

You shall indemnify and hold harmless NWC, its affiliates and its and their respective directors, officers, employees and shareholders (“Indemnitees”) from and against any and all loss, damage, injury, liability, claims, costs and expenses arising from or relating to (i) any act or omission by you in the performance of your services, including without limitation any personal injury, death or damage to personal property, and (ii) any breach of these Program Terms, including any applicable addenda, attachments or other between you and NWC. Such indemnity shall apply regardless of whether liability without fault is imposed or sought to be imposed on one or more of the Indemnitees, except to the extent such loss, damage, injury, liability or claim is the result of the active negligence or willful misconduct of the Indemnitee and is not contributed to by any act of, or by any omission to perform some duty imposed by law or contract on, you.

Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NWC HEREBY DISCLAIMS ALL WARRANTIES IN CONNECTION WITH THE PROGRAMS, EM LEVEL 1 PROGRAM MATERIALS AND NWC PROPERTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, NWC DOES NOT WARRANT THAT THE PROGRAMS, THE EM LEVEL 1 PROGRAM, PROGRAM MATERIALS OR ANY ASPECT THEREOF WILL MEET ALL OF YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE EM LEVEL 1 PROGRAM OR THE PROGRAMS WILL BE UNINTERRUPTED OR ERROR FREE. NEITHER NWC NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS OR DIRECTORS, NOR ANY OF ITS AGENTS SHALL BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY AND WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING UNDER ANY CAUSE OF ACTION. NOTWITHSTANDING ANY ENTITLEMENT UNDER APPLICABLE LAW, YOU ACKNOWLEDGE THAT YOU: (I) HAVE NO EXPECTATION AND HAVE NOT RECEIVED ANY ASSURANCE THAT ANY INVESTMENT IN THE PROGRAMS WILL BE RECOVERED OR RECOUPED OR THAT YOU WILL OBTAIN ANY PROFIT AS A RESULT OF PARTICIPATING IN THE PROGRAMS. WE SHALL NOT BE LIABLE FOR ANY ACCESS TO, USE OF OR RELIANCE ON THE PROGRAM, THE EM LEVEL 1 MATERIALS OR THE EM LEVEL 1 PROGRAM BY YOU OR ANYONE ELSE, OR FOR ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS, DISPUTES OR RELATIONS BETWEEN YOU AND ANY OTHER PERSON OR ORGANIZATION ARISING OUT OF OR RELATED TO NWC OR CONTENT OR PROGRAMS ACCESSED THROUGH NWC. YOUR USE OF THE PROGRAMS AND ANY RELATED PRODUCTS OR SERVICES IS AT YOUR OWN RISK. NWC’S AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF ITS PARTNERS AND LICENSORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE ARISING OUT OF OR RELATING TO THIS AGREEMENT IS LIMITED TO $0.

Miscellaneous

1. The language in the Program Terms shall be interpreted as to its fair meaning and not strictly for or against any party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting the Program Terms.
2. If any provision of the Program Terms is held illegal, invalid or unenforceable for any reason, that provision shall be enforced to the maximum extent permissible, and the other provisions of the Program Terms shall remain in full force and effect. If any provision of the Program Terms is held illegal, invalid or unenforceable, it shall be replaced, to the extent possible, with a legal, valid, and unenforceable provision that is similar in tenor to the illegal, invalid, or unenforceable provision as is legally possible.
3. No waiver of any provision of the Program Terms shall constitute a continuing waiver, and no waiver shall be effective unless made in a signed writing.
4. Notices and other communications to you, as required or permitted to be given hereunder, that are posted on the Effortless Mindfulness Website and/or otherwise emailed to the email address provided in your application, shall be deemed effective upon posting or emailing.
5. Each party hereby represents that it has the authority and capacity to enter into this agreement, including that all individuals agreeing to the Program Terms are 18 years of age or older.
6. The Program Terms constitute the entire agreement between NWC and Partner and govern participation in the EM Level 1 Program, superseding any prior or contemporaneous agreements between NWC and Partner.