Last Updated: January 13th, 2025
Affiliate Policy
THIS AGREEMENT CONTAINS A CLASS ACTION WAIVER THAT WAIVES YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. YOU MUST REVIEW THIS DOCUMENT IN ITS ENTIRETY, INCLUDING THE DISPUTE RESOLUTION SECTION BELOW, BEFORE PARTICIPATING IN THE PROGRAM (AS DEFINED BELOW).
This Affiliate Agreement constitutes the provisions herein, the One Soul Stream, LLC Terms of Service, the One Soul Stream, LLC Privacy Policy, both of which are incorporated herein by reference (collectively the “Agreement”). The Agreement governs your activity, application to join, and any subsequent participation in, One Soul Stream, LLC's Affiliate program (the “Program”). By accepting the Agreement, or by participating in the Program, you (“Affiliate,” “You” or “you”) agree to be bound by the terms thereof and agree that this is a binding legal agreement between You and One Soul Stream, LLC (“One Soul Stream,” “Within”, “we” or “us”). If You are or represent a business entity, you represent and warrant that you have the authority to bind that entity to this Agreement. One Soul Stream reserves the right to modify the Agreement at any time. Your continued participation in the Program shall be deemed acceptance of any new versions of the Agreement. Affiliate is responsible for ensuring its employees, agents, and representatives comply with this Agreement. Any breach of the Agreement by an employee, agent, or representative acting on Affiliate’s behalf shall be deemed a breach by the Affiliate.
SECTION 1. PROGRAM APPLICATION
You agree to provide all information reasonably requested by One Soul Stream in connection with Your Program application, and You represent and warrant that all information that You provide is truthful and accurate. You understand and agree that One Soul Stream retains sole and exclusive discretion to determine whether You qualify for participation in the Program. One Soul Stream reserves the right to change its criteria for the Program at any time, for any reason. You expressly consent to be contacted about your application and the Program via the email address and the phone number You provide in Your application. It is your responsibility to control the notifications you do, or do not, receive through your device. To stop receiving text messages from One Soul Stream, use the mobile phone corresponding to the number enrolled in One Soul Stream text messages and reply “STOP” in response to a text message from the One Soul Stream text messaging program. This will only opt you out of the specific One Soul Stream text messaging program associated with that phone number, and you will remain opted in to any other text messaging programs in which you have enrolled. The opt out does not preclude messaging that One Soul Stream sends for necessary services. You understand and acknowledge that network services, including but not limited to mobile network services, are outside of the control of One Soul Stream, and One Soul Stream is not responsible or liable for issues arising from them. One Soul Stream reserves the right to modify or discontinue, temporarily or permanently, all or any part of One Soul Stream text messages, with or without notice. One Soul Stream may suspend or terminate your receipt of One Soul Stream text messages for any reason without notice to you.
SECTION 2. PROGRAM RULES
You represent and warrant that, when participating in the Program, you will comply with the following Program rules (“Rules”), and, if One Soul Stream determines, in its sole discretion, that you are not in compliance with any of the Rules, you will be considered in material breach of this Agreement, and One Soul Stream may (in its sole discretion), in addition to seeking any other available remedies in law and equity, terminate this Agreement and Your participation in the Program immediately (which may include, without limitation, forfeiture of earned Commissions), without liability:
a. the Code of Conduct set forth in Exhibit A;
b. the following (collectively, “Laws/Terms”): (i) the terms of the Agreement, (ii) all applicable laws, statutes, treaties, ordinances, regulations, codes, guidance, guidelines, including, without limitation, the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising and related guidance, all as updated (collectively, the “FTC Endorsement Guides”), policies, terms and conditions of third parties to which you and the Program are subject, and (iii) the terms of use, user agreements and other terms and conditions pertaining to the use of each website and/or platform you use; and
c. the One Soul Stream Disclosure Requirements set forth in Exhibit B.
SECTION 3. COMPENSATION
Upon acceptance into the Program, You will receive a unique Affiliate ID through our affiliate management system. This Affiliate ID will be incorporated in the URL that You use to advertise One Soul Stream and Within (hereinafter, “Affiliate Link”). You may earn Commissions (as further described below) for each sale (“Sale”) that is registered using Your Affiliate ID. You may also earn Commissions on Sales generated by Affiliates you have recruited to join the Program (“Second Tier Affiliates”). One Soul Stream reserves full discretion in Second Tier Affiliate designations.
A Sale is determined to have occurred, provided that a new user (“Prospect”) (i) purchased One Soul Stream or Within products by accessing the site directly via an Affiliate Link from one of your authorized channels; and (ii) clicked the Affiliate Link to the site and purchased the products, provided that it was the last Affiliate Link to the site that the customer clicked within the last 90 days. All determinations of whether a Sale occurred and whether a Commission is payable, will be made by One Soul Stream in its sole discretion.
A Commission is earned only if (i) Affiliate has registered and maintained a usable account with a third-party payment provider to receive Commission payments and provided complete and accurate information to One Soul Stream to facilitate payment and (ii) the account of Prospect has remained in good status for at least forty-five (45) days after the Sale. No Commission is earned for a Sale if, at the time of attempted payout, Affiliate has not maintained a usable account with a third-party payment provider or One Soul Stream is unable to payout Commissions due to incomplete or inaccurate information provided by the Affiliate. Similarly, Affiliates are responsible for ensuring that their Prospects and Customers are not located in or associated with an embargoed or sanctioned person or entity. No Commissions will be earned for Sales to any Prospect or Customer residing in a Sanctioned Country or who is or has an association with a Sanctioned Party. A “Sanctioned Country” means any country or territory that is the target of comprehensive sanctions, including but not limited to Cuba, Iran, North Korea, Syria, and the Crimea region, the so-called Donetsk and Luhansk People’s Republics, and any other country or region that is otherwise the target of sanctions administered by the U.S. Office of Foreign Assets (“OFAC”) or equivalent government agency in other countries. A “Sanctioned Person” means any individual or entity that appears on the Specially Designated Nationals and Blocked Persons List of OFAC or that is otherwise the target of sanctions administered by OFAC or equivalent government agencies in other countries.
In the event that a Prospect has multiple Affiliate cookies (“Cookies”), the most recently acquired Cookie will generally determine which Affiliate is credited with a Sale except in instances of (i) recently canceled Prospects who attempt to re-subscribe under a different affiliate within 90 days of cancellation, (ii) cases of self-referral, or (iii) other scenarios at One Soul Stream’s sole discretion. If a Prospect signs up for One Soul Stream or Within without connection to any Affiliate, that Prospect is considered unaffiliated, and no Commissions will be earned by any Affiliates for that Prospect unless otherwise agreed to by One Soul Stream in writing. In instances where a Prospect is affiliated under different Affiliates for different services (such as cases where one Affiliate makes the Sale, but another affiliate makes an upgrade for the same Prospect), One Soul Stream will allocate Commissions as deemed appropriate in One Soul Stream’s sole and absolute discretion. Affiliates are prohibited from inducing existing affiliated customers from canceling or transferring their account in order to “unaffiliate” with a previous Affiliate and “re-affiliate” with You. Similarly, Affiliates are prohibited from inducing existing customers to cancel or transfer their unaffiliated accounts in order to affiliate with You. Unless a cancellation or transfer request for affiliation purposes is received directly from the customer in their own capacity, and not at Your direction, Commissions in such instances will not apply, and such behavior shall be deemed a material breach of this Agreement. Commission payout amounts will be determined by One Soul Stream in its sole discretion. Commission rates may change from time to time at One Soul Stream’s sole discretion.
The Commission Rates are currently as follows:
a. Within Membership Commission: 33% per monthly membership payment
Except as otherwise provided herein, Commission payouts will be paid on the 30th of each month following One Soul Stream's receipt of payment for a Sale, subject to the other terms of this Agreement. In the event the 30th of each month falls on a holiday or weekend, Commission payouts will typically occur on the following business day, although exceptions may apply. All Commission payouts are calculated based on the amount of fees received by One Soul Stream, less sales taxes. All Commissions are paid in U.S. Dollars (USD) or otherwise in currencies offered by the payment provider. Some payment methods may incur processing fees that may be deducted from Your Commissions. Your combined Commission must be equal to or exceed Fifty and 00/100 Dollars ($50.00) (USD) before You receive a payment from One Soul Stream. If Your combined Commissions in a 120-day period do not exceed $50.00 (USD), Your Commissions will not be paid and will be forfeited. This minimum payout threshold helps to manage administrative costs and transaction fees, ensuring the program remains sustainable and efficient for all affiliates.
Affiliates must register with a third-party payment provider to receive Commissions payouts. One Soul Stream or the third-party payment provider may require You to submit a completed W-8 or W-9 tax form or any ancillary supporting documentation or other tax documents (the “Required Documents”) before processing Commissions payouts. If You fail to submit the Required Documents in a timely manner, One Soul Stream or the third-party payment provider may refuse to payout Commissions that were earned more than 120 days prior to receiving your Required Documents. If You are not a resident of the United States, One Soul Stream may withhold tax (including, but not limited to, VAT) where required by applicable law. You are solely responsible for complying with all tax laws in Your respective jurisdiction(s) including, but not limited to, the payment of all required taxes, and filing of all returns and other required documents with the applicable governing body(ies).
If One Soul Stream determines, in its sole and exclusive discretion, that any Sale was procured fraudulently or as a result of any violation of this Agreement or applicable law, no Commission will be considered earned for such Sale. If a Commission has already been paid out for a Sale that is later deemed by One Soul Stream to be fraudulent or in violation of this Agreement or the law, the Commission amount will automatically be withheld against any future Commissions or refunded back to One Soul Stream at its option. One Soul Stream may also terminate this Agreement and Your participation in the Program immediately without any further liability to you.
If a refund or charge-back occurs for a Sale, and if a Commission was already paid to You for that Sale, such Commission is considered unearned, and the Commission will be deducted from Your future Commission payouts. One Soul Stream will make reasonable efforts to payout all earned Commissions. In the event that One Soul Stream is unable to payout a Commission for any reason outside of One Soul Stream’s control, those Commissions may be forfeited at One Soul Stream’s sole discretion.
SECTION 4. INTELLECTUAL PROPERTY RIGHTS; MEDIA RELEASE
One Soul Stream, LLC may provide you with certain intellectual property, resources, or materials to be used solely in connection with the Program (collectively, “One Soul Stream Materials”). You acknowledge that One Soul Stream shall maintain complete ownership of the One Soul Stream Materials and agree that you will not do anything inconsistent with our ownership. All use of the One Soul Stream Materials (including all associated goodwill) will benefit One Soul Stream. Nothing in this Agreement grants you any right, title, or interest in the One Soul Stream Materials other than the right to use them in accordance with this Agreement. You agree not to challenge One Soul Stream's rights in or title to the One Soul Stream Materials or the validity of this Agreement. You also agree that your use of One Soul Stream’s trademarks will comply with the latest edition of One Soul Stream’s Brand Style Guidelines and all other directions regarding the use of trademarks. This includes using trademark notices, such as the ® symbol, only as instructed by One Soul Stream. Your authorization to use the One Soul Stream Materials, including trademarks, is personal; you may not sublicense or otherwise allow anyone else to use them. At One Soul Stream’s request, you will provide samples of all materials that include any of One Soul Stream’s trademarks.
One Soul Stream hereby grants you a non-exclusive, royalty-free license to use the One Soul Stream Materials solely in connection with and as necessary to conduct the services under this Agreement, in a manner approved by One Soul Stream in advance.
All rights with respect to the software or services provided by One Soul Stream (“Services”), and One Soul Stream’s name, trademarks, logos, or other intellectual property (“One Soul Stream IP”), whether existing now or developed in the future, which are not expressly granted to you herein are reserved to One Soul Stream. Any goodwill generated through your use of One Soul Stream IP shall insure solely to the benefit of One Soul Stream. Except as set forth in this Agreement, you may not use One Soul Stream’s IP without prior written consent, including using One Soul Stream’s trademarks or brands as part of your company name or domain name. You will promptly notify One Soul Stream of any infringement or threatened infringement of any One Soul Stream IP and provide reasonable assistance to One Soul Stream, at One Soul Stream’s expense, in connection with such matters. You shall not promote or provide services to any other business or person that infringes on One Soul Stream's IP. You will use commercially reasonable means to protect the security of the Services on your system and network, including internal and public websites, from hacking or other unauthorized access, modification, or redistribution. Upon becoming aware of any breach in security, you shall notify One Soul Stream and take prompt action to remedy such breach.
You grant One Soul Stream a non-exclusive, royalty-free license to use any content or materials published or distributed by you in connection with One Soul Stream and the Program for any lawful purpose, including (i) promoting One Soul Stream, (ii) marketing and generating interest in the Program, (iii) highlighting your creativity or achievements, or (iv) any other purpose agreed upon between you and One Soul Stream. You represent and warrant that all content and materials you publish and distribute related to One Soul Stream and/or the Program do not infringe any intellectual property rights of third parties, including other affiliates and One Soul Stream.
If you choose to participate in any events or media activities, such as virtual or in-person events, contests, strategy sessions, workshops, podcasts, masterminds, summits, conferences, or other activities (collectively, “Activities”), you grant One Soul Stream all ownership rights and the absolute and irrevocable right and permission to copyright, use, and publish content that may contain your image, voice, likeness, and other contributions (“Likeness”) obtained during your participation in these Activities. The Likeness may be used and/or published individually or with other works, in any medium, and for any lawful purpose.
You represent and warrant that (i) no other party has been granted an exclusive license with respect to the Likeness, and (ii) no other party’s authorization or consent is required for the permissions granted to One Soul Stream. You waive any right to inspect or approve One Soul Stream’s use of the Likeness, advertising copy, or printed matter related to the use and/or publication of the Likeness. You release One Soul Stream from all claims for libel, slander, invasion of privacy, copyright infringement, or any other claim related to the Likeness, including claims related to alterations, distortions, or other modifications, whether intentional or otherwise.
SECTION 5. TERM AND TERMINATION
The term of this Agreement will begin the earlier of your acceptance of or signing of this Agreement (including digitally). Your participation in the Program will continue unless and until terminated. Either Party may terminate this Agreement at any time, with or without cause, by giving the other Party thirty (30) days’ written notice of termination. If, in our sole determination, You defaulted or made an attempt to default any term or provision of the Agreement, or violated or allegedly violated any Laws/Terms, whether in connection with Your use of One Soul Stream or otherwise (collectively, “Default/Breach”), we may terminate the Agreement, freeze Your Commissions, or suspend Your access to the Services immediately at any time without notice to You. In such an instance, and in our sole discretion, we may also, for the aforementioned reasons, terminate our relationship and suspend any accounts owned/controlled by You. In the event this Agreement is terminated due to Your Default/Breach, You immediately forfeit all Commissions, and any other payments owed to You or that may in the future be owed to You without any further liability by One Soul Stream to You.
If this Agreement is terminated or canceled, then all provisions that, by their nature, should survive, will survive, including, but not necessarily limited to, all limitations of liability, disclaimers of warranties, indemnity obligations, class action waiver provisions. All representations and warranties undertaken by You shall also survive termination or cancellation of this Agreement and/or Your One Soul Stream account.
SECTION 6. ADDITIONAL REPRESENTATIONS AND WARRANTIES
In addition to your other representations and warranties herein, you further represent and warrant that there are no prior or pending government investigations or inquiries of, or prosecutions against you by the Federal Trade Commission (“FTC”), any other federal or state governmental agency, or any industry regulatory authority, anywhere in the world, nor any prior or pending private lawsuits against you related to alleged intentional torts or alleged violations of any consumer protection or advertising laws. If you become the subject of such an investigation, inquiry, prosecution, or lawsuit any time after this Agreement is executed, you are required to notify One Soul Stream of the same within 24 hours. One Soul Stream, at its sole discretion, may immediately terminate your participation in the Program and this Agreement based on any such investigation, proceeding, or lawsuit.
SECTION 7. ENTIRE AGREEMENT
This Agreement represents the entire agreement between the Parties with regard to the Program and supersedes any other written or oral agreements between the parties. In the event that you have executed a separate written agreement related to the Program, that separate agreement shall prevail in the event of a conflict between it and this Agreement.
SECTION 8. INDEPENDENT CONTRACTOR
Affiliates are independent contractors of One Soul Stream. It is the express understanding and intention of the Parties that no relationship of employee/employer nor principal and agent shall exist between One Soul Stream and you by virtue of this Agreement. You have no right to act on behalf of or bind One Soul Stream in any way, nor share in the profits or losses of One Soul Stream. The only compensation available to you is set forth in this Agreement. You are solely and exclusively responsible and liable for all of your acts or omissions and the acts and omissions of anyone working on your behalf, as well as for any taxes due hereunder. One Soul Stream may provide compliance recommendations and/or Program recommendations, such as strategy sessions, marketing techniques, suggestions or guidance on complying with applicable laws/terms, or other materials and resources intended solely for informational and entertainment purposes (collectively, “Recommendations”). Such Recommendations should not be relied upon to ensure your compliance with laws/terms. You are solely responsible for ensuring that your participation in the Program and all subsequent activities comply with laws/terms, and One Soul Stream assumes no liability or responsibility for monitoring or confirming your compliance or informing you of non-compliance.
SECTION 9. NO GUARANTEE
One Soul Stream does not promise, guarantee, or warrant your business success, income, or sales. You understand, acknowledge, and agree that One Soul Stream will not provide sales leads or referrals to you. You further understand and agree that neither One Soul Stream nor the Program constitutes a business opportunity, franchise opportunity, “business-in-a-box,” or assisted marketing plan.
SECTION 10. LIMITATION OF LIABILITY
Except where otherwise inapplicable or prohibited by law, in no event shall One Soul Stream or any of its officers, directors, shareholders, employees, independent contractors, telecommunications providers, and/or agents be liable for any indirect, special, incidental, exemplary, consequential, punitive, or any other damages, fees, costs, or claims arising from or related to this Agreement, the Services, the Program, Recommendations, your or a third party’s use or attempted use of the Services or any software, service, or product, regardless of whether One Soul Stream has had notice of the possibility of such damages, fees, costs, or claims. This includes, without limitation, any loss of use, loss of profits, loss of data, loss of goodwill, cost of procurement of substitute services or products, or any other indirect, special, incidental, punitive, consequential, or other damages. This applies regardless of the manner in which damages are allegedly caused, and on any theory of liability, whether for breach of contract, tort (including negligence and strict liability), warranty, or otherwise. In no event shall One Soul Stream's liability to you or your business exceed the amount of three (3) times the payments paid by you to One Soul Stream for the month preceding the date in which the facts giving rise to a claim against One Soul Stream occurred or one-thousand five-hundred dollars ($1,500), whichever is less, subject to applicable law. The remedies set forth above are your sole and exclusive remedies for One Soul Stream’s entire obligation and liability, for any breach of our limited warranty. Subject to applicable law, under no circumstances will One Soul Stream’s obligation or liability hereunder exceed the limited liability amount stated in this section. However, this shall not prevent One Soul Stream from seeking any and all remedies available to it in law or equity.
SECTION 11. DISPUTE RESOLUTION, CLASS ACTION WAIVER, & GOVERNING LAW
You agree that all matters relating to the Program, including all disputes, will be governed by the laws of the United States and by the laws of the State of Nevada without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Nevada, and waive any objection to such jurisdiction or venue. The preceding provision regarding venue does not apply if you are a consumer based in the European Union. If you are a consumer based in the European Union, you may make a claim in the courts of the country where you reside. Any claim under this Agreement must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under separate terms and conditions may not be subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between One Soul Stream and you arising out of or in connection with the Program, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
YOU AND WE AGREE THAT ANY DISPUTE THAT CANNOT BE RESOLVED THROUGH THE PROCEDURES SET FORTH ABOVE WILL BE RESOLVED ON AN INDIVIDUAL BASIS. CLASS ACTIONS AND CLASS ARBITRATIONS ARE NOT ALLOWED. YOU MAY BRING A CLAIM ONLY ON BEHALF OF YOURSELF AND CANNOT SEEK RELIEF THAT WOULD AFFECT OTHER USERS OF OUR SERVICES OR THE PROGRAM.
SECTION 12. INDEMNITY
You agree to protect, defend, indemnify, and hold harmless One Soul Stream, its officers, directors, employees, owner(s), and parent company(ies) and assigns from and against all demands, claims, actions, proceedings, damages, liabilities, losses, fees, costs, or expenses (including without limitation reasonable attorneys’ fees and the costs of any investigation) directly or indirectly arising from or in any way connected with (1) use of or reliance on information or data supplied or to be supplied by you, (2) any alleged or actual Default/Breach of this Agreement by you, (3) the use or possession of any One Soul Stream property, including, without limitation, any One Soul Stream IP or One Soul Stream Materials, (4) any negligence, gross negligence, or willful misconduct by or on behalf of you or those working on your behalf, (5) your use and/or modification of any of the Services, including Affiliate Links, in connection with this Agreement; and (6) any materials you create or campaigns you run in connection with the Program. One Soul Stream reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with our defense of any claim. You will not in any event settle any claim without the prior written consent of One Soul Stream.
SECTION 13. SEVERABILITY
In the event any provision of this Agreement is inconsistent with or contrary to any applicable law, rule, or regulation, the provision shall be deemed to be modified to the extent required to comply with the law, rule, or regulation, and this Agreement, as so modified, shall continue in full force and effect.
SECTION 14. JUDICIAL ACTION FOR PROVISIONAL RELIEF
The parties hereby agree and acknowledge that any breach or threatened breach of this Agreement will result in irreparable harm to One Soul Stream for which there will be no adequate remedy at law. In addition to other remedies provided by law or at equity, in such event, One Soul Stream shall be entitled to seek injunctive relief, without the necessity of posting a bond and without having to establish actual damages resulting from a breach, to prevent any further breach of this Agreement by you or those working on your behalf.
SECTION 15. COMPLAINT NOTIFICATION
Affiliate must notify One Soul Stream of any complaint received by Affiliate regarding any content disseminated hereunder within twenty-four (24) hours of receiving such complaint. Notice should be sent to the One Soul Stream Support Team.
SECTION 16. FORCE MAJEURE
No party will be liable for nonperformance of any of its obligations under this Agreement if its nonperformance was due to a Force Majeure Event, provided reasonable notice and good faith efforts to find a reasonable solution are given. A "Force Majeure Event" shall mean any act of God; war; riot; civil strife; act of terrorism, domestic or foreign; embargo; governmental rule, regulation, or decree; flood, fire, hurricane, tornado, or other casualty; earthquake; strike, lockout, or other labor disturbance; the unavailability of labor or materials beyond the control of the party affected; pandemics, epidemics, local disease outbreaks, public health emergencies, and quarantines; or any other events or circumstances not within the reasonable control of the party affected, whether similar or dissimilar to any of the foregoing. Upon occurrence of a Force Majeure Event, the non-performing party shall, in a timely manner, notify the other party that a Force Majeure Event has occurred and its anticipated effect on performance.
SECTION 17. CONFIDENTIALITY AND PRIVACY
“Confidential Information” means any non-public business, technical, financial, or other proprietary information you may receive from us during the term of this Program, including without limitation any brand guidelines, data, personal information of Customers or Prospects that One Soul Stream provides to you for the purpose of fulfilling your obligations under the Program or under a separate agreement for services (“Personal Information”), or the terms of this Agreement. You agree to hold our Confidential Information in strict confidence and not disclose it to any third party or use such Confidential Information for any purpose other than as expressly allowed here. Confidential Information will not include: (a) information that is or becomes publicly available through no fault of yours, (b) was in your possession or known by you without restriction prior to receipt from us, (c) was rightfully disclosed to you by a third party without restriction, or (d) was independently developed by you without use of any of our Confidential Information. You may disclose our Confidential Information where required by law or court order; provided, that to the extent legally permissible, you shall promptly notify us so that we may try to limit disclosure and obtain confidential treatment or a protective order for our Confidential Information. With regard to Personal Information, you represent and warrant that you will treat Personal Information in accordance with all applicable laws and in compliance with applicable privacy policies. You also represent and warrant that you will maintain and make your own privacy policy available to Customers or Prospects with whom you interact as part of the Program or services you provide to One Soul Stream under a separate agreement. Additionally, you represent and warrant that you will not share or sell any Confidential or Personal Information to third parties, regardless of whether that third party is under an obligation of confidentiality, without One Soul Stream’s express written consent.
SECTION 17. LIABILITY FOR ANY THIRD-PARTY SERVICES
We are not responsible for the content or services of any third party, and we make no representations regarding the content or accuracy of any third-party services or materials.
EXHIBIT A: CODE OF CONDUCT
- Compliance: Affiliate shall adhere to all applicable policies and instructions provided by One Soul Stream, LLC and Within. This includes immediate compliance with requests to remove any content, statements, materials, or other collateral posted or distributed by Affiliate.
- Honesty and Accuracy: Any claims made about One Soul Stream, LLC, Within, or their products or services must reflect the Affiliate’s honest and truthful opinions. If an Affiliate’s opinion changes such that they can no longer truthfully endorse the organization, they must immediately inform One Soul Stream, LLC and Within, who may then terminate the Agreement.
- Representation: Materials published by the Affiliate must provide fair, accurate, and truthful depictions of what can be expected. Claims should be typical of what the average consumer can achieve and must clearly disclose generally expected results.
- Prohibited Claims: Affiliates are prohibited from claiming that One Soul Stream, LLC or Within offers a business opportunity, franchise opportunity, “business-in-a-box,” or assisted marketing plan. Express or implied guarantees of financial gain are not allowed.
- Accuracy: Affiliates must correct any statement that becomes inaccurate.
- Deceptive Claims: Affiliates may not make deceptive or misleading claims. All claims must be substantiated with adequate proof.
- Competitor Comments: Comments on competitors or their products must be clearly stated as not being on behalf of One Soul Stream, LLC or Within. Such comments must not be defamatory, misleading, deceptive, unfair, or unsubstantiated.
- Defamation: Affiliates must not engage in defamation, slander, or libel regarding One Soul Stream, LLC, Within, their employees, or associated parties.
- Unlawful Content: Affiliates must not disseminate unlawful, harassing, or abusive content. This includes respecting intellectual property laws and not using content without proper authorization.
- Technical Security: Affiliates must not disseminate content containing viruses, malware, or harmful programming routines. They must not use technology to intercept or redirect internet traffic improperly.
- Impersonation: Affiliates must not impersonate One Soul Stream, LLC, Within, or their employees. They must not imply unauthorized authority to bind or represent the organizations.
- Affiliate Link Use: Affiliates must use their Affiliate Link without manipulation and cannot share it with other affiliates.
- Hate Speech and Violence: Affiliates must not promote hate speech, bigotry, racism, excessive violence, or any form of offensive content.
- Content Standards: Affiliates must not disseminate pornography, vulgarity, profanity, or sexually explicit content. Promotion of irresponsible alcohol consumption or illegal drug use is prohibited.
- Misrepresentation: Affiliates must not misrepresent the source of their content or impersonate individuals or entities.
- Advertising Restrictions: Affiliates must not include advertisements for money-making schemes, discount cards, or credit counseling unless expressly authorized by One Soul Stream, LLC or Within.
- Advertising Campaigns: Paid advertising campaigns are permitted as long as they comply with applicable laws and terms.
- Deceptive Actions: Affiliates must avoid unlawful or deceptive actions related to search engine optimization. Offering monetary incentives for responses to advertisements is prohibited.
- Contests and Prizes: Affiliates must obtain prior written approval from One Soul Stream, LLC or Within before running any contests or offering prizes. All such activities must comply with relevant laws and regulations.
- Self-Referrals: Affiliates may not earn commissions from transactions initiated by themselves.
- Fraudulent Behavior: Affiliates must not engage in deceptive, manipulative, or fraudulent behaviors. Conduct deemed abusive or outside the Program’s spirit will not be tolerated.
- Imitation: Affiliates must not copy or mirror the look and feel of One Soul Stream, LLC or Within’s website or content.
- Cookie Stuffing: Affiliates must not engage in cookie stuffing or misleading practices related to URL information.
- Unsolicited Communication: Affiliates must not send unsolicited bulk emails, texts, or other communications. Compliance with laws such as CAN-SPAM and TCPA is required. Emails and texts must clearly be sent on behalf of the Affiliate and include opt-out mechanisms.
- Privacy Compliance: Affiliates must adhere to privacy laws when collecting Personal Information and comply with One Soul Stream, LLC’s Privacy Policy. They must also have and maintain their own privacy policy.
- Export Laws: Affiliates must comply with export and sanctions laws and regulations and seek written approval from One Soul Stream, LLC or Within before engaging with sanctioned parties or countries.
- Content Categories: Advertisements must not appear on sites or apps related to adult content, violence, offensive material, or fake news.
- Use of Provided Content: Affiliates may only use images, text, or other content provided by One Soul Stream, LLC or Within as authorized and must not modify it without permission.
- Promotional Offers: Affiliates may not offer discounts, coupons, or promotional offers not expressly authorized by One Soul Stream, LLC or Within. Any authorized offers must comply with set terms and limitations.
- Sub-Affiliate Networks: Unless agreed upon in writing, affiliates may not promote through a sub-affiliate network.
- External Links: Affiliates must not provide or create links to external sites that violate this Code of Conduct.
- Content Maintenance: Affiliates are responsible for maintaining and updating their content, accounts, and sites. One Soul Stream, LLC and Within may monitor and request changes related to the Program.
EXHIBIT B: DISCLOSURE REQUIREMENTS
I. Disclosure Requirements
- Disclosure of Material Connections: Affiliates must disclose any material connections to One Soul Stream, LLC and Within (or their brands, products, services) in a manner consistent with this Agreement and applicable laws and industry guidelines, including the Federal Trade Commission’s (FTC) Guides Concerning the Use of Endorsements and Testimonials in Advertising and “Endorsement Guides: What People are Asking.”
Material connections may include, but are not limited to, monetary compensation, free products, gift cards, discounts, personal or professional relationships, access to events, and more. Disclosures must be made even when simply tagging One Soul Stream, LLC or Within, or posting pictures or videos of the Affiliate using products or services.
II. Disclosures Must Be Made “Clearly and Conspicuously”
- “Clearly”:
- Disclosures must be easy to understand by an ordinary viewer, accurately describe the Affiliate’s material connections, and must not be contradicted by other content.
- Permissible disclosure formats include:
- Using #ad, provided it is clear that One Soul Stream, LLC or Within is the sponsor.
- “Sponsored by Within” or “Sponsored by One Soul Stream, LLC”
- Natural language, such as: “I am a paid affiliate for Within” or “Paid post for by Within”
- “I was paid by Within to….”
- For Affiliate Links:
- If #ad and the affiliate link are visible simultaneously, no additional disclosures are needed.
- If not visible simultaneously, use disclosures like:
- “This is an affiliate link, and I receive commissions for purchases made through links in this post.”
- “I am an affiliate for Within, which means I earn a commission when purchases are made through this link: [URL]”
- Prohibited Disclosures:
- The following are insufficient as standalone disclosures:
- #OneSoulStream #Within, #ad, #spon, #pd, #sp, #collab, #partner, #ambassador, #consultant, #adviser, #affiliate, #letsgowithin
- “Thank you,” “thanks,” “gift” or “gifted” without explanation
- #endorsement
- Using platform’s branded content tools alone
- Only tagging or @mentioning One Soul Stream, LLC or Within
- Only using campaign hashtags
- The following are insufficient as standalone disclosures:
- Disclosures must be present regardless of space limitations and appear in each relevant post/content. Disclosures should be made both visually and audibly if the endorsement is through both means.
Factors for conspicuousness include font, color, size, contrast, visibility duration, and the impact of competing text or sounds.
III. Disclosure Requirements Based on Posting Format
- In-Feed Posts (e.g., Twitter, Facebook, Instagram grid):
- Disclosures must appear within the first two lines of text.
- They should not be buried or only available through a hyperlink or in a bio.
- Video, Live Streams, Stories, etc.:
- Video: Disclosures must be included within the video and in the video description, and displayed long enough for viewers to understand.
- Stories, Snaps, TikToks: Disclosures must be superimposed over the images or video in a manner that is easy to notice and read.
- Live Streams: Repeat disclosures throughout the stream to ensure viewers who join at different times are informed.
- Platform-specific transparency tools (e.g., Instagram’s “Branded Content” tools) should be used in addition to these requirements but not as substitutes.
- Cross-Platform Syndication:
- Disclosures must travel with the post and appear on all platforms where the post is syndicated.
IV. Modifications
- Modification Compliance: Affiliates agree that One Soul Stream, LLC and Within may modify these Disclosure Requirements and related policies. Affiliates must comply with any such modifications provided they are communicated accordingly.
