1. Introduction These Terms and Conditions govern your participation in the affiliate program (“Program”) offered by BTA ARENA D.B.A. My Lifestyle Trader (“Company”). By promoting the Company’s products and services (“Products”), you agree to comply with these Terms and Conditions.
2. Affiliate Obligations
2.1 Promotion: You shall use your best efforts to promote and market the Company’s Products through your website, social media accounts, email marketing, and other approved marketing channels.
2.2 Compliance: You shall comply with all applicable laws, regulations, and industry standards, including the Federal Trade Commission (FTC) guidelines on endorsements and testimonials.
2.3 Disclosures: You shall clearly and conspicuously disclose your affiliate relationship with the Company on all marketing materials used to promote the Company’s Products.
2.4 Prohibited Practices: You shall not engage in any prohibited practices, including but not limited to spamming, misrepresentation, trademark infringement, fraudulent or deceptive practices, or promotion on inappropriate websites.
2.5 Intellectual Property: All intellectual property rights in the Company’s Products, trademarks, logos, and marketing materials belong to the Company. You shall only use the Company’s intellectual property in accordance with its guidelines and with prior written approval.
2.6 Non-Compete: During the term of this agreement and for six months after termination, you shall not promote, market, or sell any competing products or services without the Company’s prior written consent.
2.7 Intellectual Property Licensing: The Company grants you a limited, non-exclusive, non-transferable license to use its trademarks, logos, and marketing materials solely for promoting the Company’s Products in accordance with these Terms and Conditions and the Company’s guidelines. This license terminates upon termination of your participation in the Program.
2.8 Data Protection and Privacy: You shall comply with all applicable data protection and privacy laws, such as the General Data Protection Regulation (GDPR) or the California Consumer Privacy Act (CCPA), when handling customer data or personal information obtained in connection with your promotional activities.
3. Commissions
3.1 Commission Rate: You shall earn a commission on the net revenue generated from sales of the Company’s Products resulting from your promotional efforts. The commission rate shall be determined based on the specific Product and communicated separately.
3.2 Tracking: The Company shall provide you with unique tracking links or codes to ensure accurate tracking and attribution of sales.
3.3 Payment: The Company shall pay you earned commissions monthly, subject to the following payout thresholds: a) For the MyLifestyle Trader Learn cohort: Minimum $85 payout, as a one-time payment. b) For the MLT Watch subscription: Minimum $7 payout, recurring for the lifetime of the subscription.
3.4 Refunds and Chargebacks: If a customer requests a refund or chargeback for a Product purchased through your promotional efforts, the corresponding commission shall be deducted from your account balance.
4. Term and Termination
4.1 Term: These Terms and Conditions shall commence on the effective date and continue until terminated by either Party.
4.2 Termination: Either Party may terminate your participation in the Program at any time, with or without cause, by providing written notice to the other Party. Upon termination, you shall immediately cease all promotional activities related to the Company’s Products.
4.3 Effect of Termination: Upon termination, you shall be entitled to receive any unpaid commissions earned prior to the termination date, subject to the terms of these Terms and Conditions. Your obligations under the confidentiality, intellectual property, and non-compete clauses shall survive the termination.
5. Confidentiality
5.1 Confidential Information: You acknowledge that you may receive confidential information from the Company, including but not limited to customer data, marketing strategies, and financial information. You shall maintain the confidentiality of such information and not disclose it to any third party without the Company’s prior written consent.
6. Indemnification
6.1 Your Indemnification: You shall indemnify, defend, and hold harmless the Company, its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to your breach of these Terms and Conditions or any applicable laws or regulations.
6.2 Company Indemnification: The Company shall indemnify, defend, and hold you harmless from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to the Company’s Products, provided that you have complied with the terms of these Terms and Conditions and have not engaged in any prohibited practices.
7. Limitation of Liability
7.1 Disclaimer: The Company’s Products are provided “as is,” and the Company makes no warranties or representations regarding their functionality, reliability, or suitability for any particular purpose.
7.2 Limitation of Liability: In no event shall the Company be liable to you for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to these Terms and Conditions, even if the Company has been advised of the possibility of such damages.
8. Force Majeure
8.1 Neither Party shall be liable for any failure or delay in performance under these Terms and Conditions due to unforeseen circumstances beyond their control, such as natural disasters, wars, or pandemics, provided that the affected Party gives prompt written notice of such event to the other Party and resumes performance as soon as reasonably practicable.
9. Audit Rights
9.1 The Company shall have the right to audit your promotional activities and records to ensure compliance with these Terms and Conditions and to verify commission calculations. You shall cooperate fully with any such audit and provide the Company with access to all relevant records and information.
10. Governing Language
10.1 These Terms and Conditions are executed in the English language. If these Terms and Conditions are translated into any other language, the English version shall prevail in case of any discrepancies or inconsistencies.
11. Miscellaneous
11.1 Relationship of the Parties: The Parties are independent contractors, and nothing in these Terms and Conditions shall be construed as creating a partnership, joint venture, or employer-employee relationship between the Parties.
11.2 Assignment: You shall not assign or transfer these Terms and Conditions or any rights or obligations hereunder without the Company’s prior written consent.
11.3 Governing Law: These Terms and Conditions shall be governed by and construed in accordance with the laws of Texas, without regard to its conflict of law principles.
11.4 Dispute Resolution: Any disputes arising out of or relating to these Terms and Conditions shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.
11.5 Entire Agreement: These Terms and Conditions constitute the entire agreement between the Parties and supersede all prior or contemporaneous agreements or understandings, whether written or oral, relating to the subject matter hereof.
11.6 Amendments: These Terms and Conditions may only be amended or modified by a written instrument signed by both Parties.
11.7 Waiver: The failure of either Party to enforce any provision of these Terms and Conditions shall not be construed as a waiver of such provision or the right to enforce such provision in the future.
11.8 Severability: If any provision of these Terms and Conditions is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
11.9 Notices: Any notices required or permitted under these Terms and Conditions shall be in writing and delivered by email, personal delivery, or certified mail to the addresses provided by the Parties.
11.10 Counterparts: These Terms and Conditions may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
By participating in the Company’s affiliate program, you agree to these Terms and Conditions.
The Company reserves the right to modify these Terms and Conditions at any time.