Join the WellStream Affiliate Program and make an Impact!

By promoting the WellStream app, you can earn commissions for every subscription generated through your unique promo code.

This is your chance to help create positive mental-wellbeing impact, while being rewarded for each successful subscription. Join us in spreading wellbeing and earning together!

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WellStream Affiliate Program Terms and Conditions

PLEASE READ THESE AFFILIATE PROGRAM TERMS AND CONDITIONS CAREFULLY.

This is a contract between you (the “Affiliate”) and Nothing is Obvious LTD ("the Company" or "us"). It describes how we will work together and other aspects of our business relationship. It is a legal document so some of the language is necessarily “legalese” but we have tried to make it as readable as possible.

The Affiliate Program Agreement applies to your participation in our Affiliate Program (the “Affiliate Program”). These terms are so important that we cannot have you participate in our Affiliate Program unless you agree to them.

We periodically update these terms. We might also choose to replace these terms in their entirety if, for example, the Affiliate Program changes, ends, or becomes part of another program. If we update or replace the terms we will let you know via email. If you don’t agree to the update or replacement, you can choose to terminate as we describe below.

1.	Definitions

“Affiliate Program” means our affiliate program as described in this Agreement.
“App Product” means the WellStream app that the Affiliate promotes and earns commissions on when an Affiliate Lead pays for a Subscription Service.
“Subscription Service” means the specific App Product subscription plan for which we provide the affiliate with promotion codes that can earn commissions. 
“Promotion Codes” the free trial, discount, or special-offer codes that are unique to you and which are used to earn commissions. 
“Affiliate Lead” means a customer prospect who installs the App Product in consideration of making a subscription purchase. 
“Affiliate Policies” means the policies applicable to affiliates which we may make available to you from time to time.
“Affiliate Drive” means the shared cloud drive that we make available to you upon your acceptance into the Affiliate Program and for you to use in order to participate in the Affiliate Program.
"Agreement" means this Affiliate Program Agreement and all materials referred or linked to in here.
“Commission” means an amount described in the Affiliate Drive (or if applicable, in the Program Policies) for each Customer Transaction.
“Customer” means the authorized actual user of the App Product who has purchased a Subscription Service after being an Affiliate Lead.
“Customer Transactions” means those transactions by Affiliate Leads that are eligible for Commission pursuant to the ‘Customer Transactions’ section of this Agreement. Customer Transactions may include purchases of a Subscription Service.
"Customer Data" means all information that Customer submits or collects via the App Product.
"WellStream Content" means all information, data, text, messages, software, sound, music, video, photographs, graphics, images, and tags that we incorporate into our services.
“Program Policies Page” means the landing page: www.thewellstream.com/affiliates/program-policies  where we will provide all the up to date guidelines and policies for the Affiliate Program.
“Other Products” means those products and services that we may offer, which are not included in the Subscription Service (as detailed below); and, for the purposes of this Agreement, Other Products include all of our organisational software products, and any implementation, customization, training, consulting, additional support or other professional services, or fees for third-party products or services.
"We", "us", “our”, “the Company” and “WellStream” means Nothing is Obvious LTD.
“You” and “Affiliate” means the party, other than the Company, entering into this Agreement and participating in the Affiliate Program.

2.	Non-Exclusivity

This Agreement does not create an exclusive agreement between you and us. Both you and we will have the right to recommend similar products and services of third parties and to work with other parties in connection with the design, sale, installation, implementation and use of similar services and products of third parties.

3.	Affiliate Acceptance

Once you complete an application to become an Affiliate, we will review your application and notify you whether you have been accepted to participate in the Affiliate Program, or not.  Before we accept an application, we may want to review your application with you, so we may reach out to you for more information. We may require that you complete certain requirements or certification(s) before we accept your application. If we do not notify you that you are accepted to participate in the Affiliate Program within thirty (30) days from your application, your application is considered to be rejected.

If you are accepted to participate in the Affiliate Program, then upon notification of acceptance, the terms and conditions of this Agreement shall apply in full force and effect, until terminated, pursuant to the terms set forth below.  Further, you will need to complete any enrolment criteria set out in the Program Policies Page, if applicable. Failure to complete any enrolment criteria within thirty (30) days of your acceptance will result in the immediate termination of this Agreement and you will no longer be able to participate in the Affiliate Program.
You will comply with the terms and conditions of this Agreement at all times, including any applicable Program Policies.

4.	Customer Transactions

4.1 Affiliate Program Limits. We will pay you Commission as described in the Affiliate Drive (or if applicable, in the Program Policies) for each new Customer who completes an applicable Customer Transaction using your Promotion Codes provided that you remain eligible to receive Commission pursuant to the terms of this Agreement.  The start of the Customer’s subscription is determined by the date of the first purchase of the Subscription Service by the Customer and you will receive a Commission payment for that Customer Transaction only, regardless of any additional purchases made by that customer during their Subscription Service. For example, if the initial Customer Transaction is for one user of WellStream Premium Annual, and there is a subsequent purchase by that same customer for an additional user of WellStream Premium Annual for the same subscription, Affiliate will receive Commission for the initial user purchase only. The Affiliate will not be entitled to receive Commission on any additional purchases of WellStream Products by that same Customer.

4.2 Eligibility. To be eligible for Commission (i) an Affiliate Lead must be accepted and valid in accordance with the ‘Acceptance and Validity’ section, (ii) a Customer Transaction must have occurred, (iii) a Customer must remain a customer during the locking period in the Program Policies. You are not eligible to receive Commission or any other compensation from us based on transactions for Other Products or if: (i) such compensation is disallowed or limited by federal, state or local law or regulation in the United States or the laws or regulations of your jurisdiction; (ii) the applicable Customer objects to or prohibits such compensation or excludes such compensation from its payments to us or to the participant in the Affiliate Program; (iii) the Customer has paid or will pay such commissions, referral fees, or other compensation directly to you, (iv) the Commission payment has been obtained by fraudulent means, misuse of the Promotion Codes, in violation of any Affiliate Program Policies that we make available to you, misuse of the Affiliate Drive or by any other means that we deem to breach the spirit of the Affiliate Program, or (v) the Customer participates in the Affiliate Program and is eligible to receive commission in relation to the Customer Transaction under that program. If at any point you are eligible to receive a revenue share payment or commission under another Program at WellStream, that payment amount will not change based on your participation in the Affiliate Program. In competitive situations with other affiliates, we may elect to provide the Commission to the affiliate that we deem to be the most eligible for Commission, at our discretion. We may discontinue Commission payments should any of the eligibility criteria set forth in this subsection fail to be met at any time.

4.3 Acceptance and Validity. You will only be eligible for a Commission payment for any Customer Transactions that derived from Affiliate Leads generated by the Promotion Codes that we make available to you and are accepted by the Company. An Affiliate Lead will be considered valid and accepted if, in our reasonable determination: (i) it is a new potential customer of ours, and (ii) is not, at the time of submission or sixty (60) days prior, one of our pre-existing customers, or involved in our active sales process. Notwithstanding the foregoing, we may choose not to accept an Affiliate Lead in our reasonable discretion. If an Affiliate Lead does not purchase the Subscription Service within the time period described in the Affiliate Drive (or if applicable, in the Program Policies) using the Promotion Codes, you will not be eligible for a Commission payment, even if the Affiliate Lead decides to purchase after the time period has expired.  An Affiliate Lead is not considered valid if it uses the Promotion Codes after this Agreement has expired or terminated. Engagement with Prospects.  Once we have received the Affiliate Lead information, we may elect to engage with the prospect directly, regardless of whether or not the Affiliate Lead is valid. If an Affiliate Lead is not valid then we may choose to maintain it in our database and we may choose to engage with such Affiliate Lead. Any engagement between the Company and an Affiliate Lead will be at the Company’s discretion.

4.4 Commission and Payment. In order to receive payment under this Agreement, you must have: (i) agreed to the terms of this Agreement; (ii) completed all steps necessary to create your account in accordance with our directions, (iii) have a valid and up-to-date payment method in the  Affiliate Drive with such account (iv) completed any and all required tax documentation in order for us to process any payments that may be owed to you.

4.5 Requirements for Payment; Forfeiture. Notwithstanding the foregoing or anything to the contrary in this Agreement, if any of the requirements set forth in section 4(a)(i-iv) remain outstanding for six (6) months immediately following the close of a Customer Transaction, then your right to receive Commission arising from any and all Customer Transactions with the associated Customer will be forever forfeited (each, a “Forfeited Transaction”). We will have no obligation to pay you Commission associated with a Forfeited Transaction. Once you comply with all of the requirements in section 5(a)(i-iv), then you will be eligible to receive Commission on Customer Transactions, as long as these Customer Transactions do not involve the same Customer associated with a Forfeited Transaction.

4.6 Commission Payment. We will determine the currency in which we pay the Commission, as well as the applicable conversion rate. We will not pay more than one Commission payment or other similar referral fee on any given Customer Transaction (unless we choose to in our discretion).

4.6.1 Taxes. You are responsible for payment of all taxes and fees (including bank fees) applicable to the Commission. All amounts payable by us to you are subject to offset by us against any amounts owed by you to us.

4.6.2 Commission Amounts. We reserve the right to alter or change the Commission amount and will provide you at least 30 days advance notice via email if we are going to do so.

5.	Payment of Commissions

5.1 We will pay you any earned Commissions when the amount of the Commissions in your Affiliate account is greater than one hundred United States dollars ($100). Commissions will be paid via PayPal or Bank Transfer. You shall cover any and all costs and expenses related to the payment of Commissions. We shall not have any liability for Commissions lost due to incorrect payment details provided by you.

5.2. Subject to Clauses 3 “Determination of Commission” and 12 “Fraud”, Commissions are paid only if and when we determine that your actions are considered to have remained in compliance with this Agreement for the entirety of the period for which the Commissions are paid and throughout to the payment date.

5.3. All tracking of Links, determinations of Customer Transactions and counting of Commissions shall be made by us in our sole discretion according to our technology. In the event that you are also tracking Links and Customer Transactions, tracking results of the Company shall always prevail.

5.4. Payments for revenue generated by you will be transferred to you once a month, following your request. In exceptional cases this term can be extended with a prior written notice to you. Due to our Refund policy, you can request a payment of the respective Commissions not earlier than forty (40) days after generating this respective amount.

5.5. You should send requests for payments to affiliates@thewellstream.com and we will provide you with our calculations regarding the amount of Commissions earned by you. In the event that you dispute any portion of the Commissions calculated by us in good faith (e.g., calculations contain a mathematical error), you agree and must (i) notify Us of such disputed amount in writing with sufficient detail within thirty (30) days’ after being notified regarding the Commission amount for the respective period, (ii) make authorized personnel available to resolve the dispute. If you do not dispute the calculated amount as set forth herein, you irrevocably waive any claims based upon that amount. All amounts not timely and appropriately disputed shall be deemed final and not subject to further dispute.

5.6. WellStream’s Commission payments are directly dependent upon receipt of payments from customers (except for limited cases of payouts for free individual registrations). Therefore, we shall only be liable for the Commissions to the extent that we have received such payments from the customers. You shall have no right to any claims for Commissions if we have not received respective payments from the customers (including but not limited, due to the chargebacks, refunds, cancellations).

5.7. In the event customers terminate our services after the purchase (e.g., any chargebacks, refunds, cancellations), the respective amount of your Commission shall be cancelled. We grant refunds to our customers in accordance with our Refund policy or in our sole discretion, which means that our customers usually have the right to cancel our services and request for a refund within a specified period after the purchase. Nevertheless, customers’ right to request for a chargeback is not limited in time. Therefore, if we have already paid the relevant Commission to you, we shall deduct the respective amount from our next payment.

5.8. Where the rate of chargeback(s), refunds or cancellations on your Affiliate account is unusually high or we suspect your Affiliate account is being used for fraudulent activity or in violation of this Agreement and/or applicable law, we reserve the right to place restrictions on your Affiliate account immediately upon written notice to you, including, but not limited to, suspend your Affiliate account and suspend all payments related to your Affiliate account, as well as commence a full investigation (internal or involving any appropriate third parties). If we find it necessary, we have full rights in our sole discretion to inform the appropriate law enforcement or regulatory authorities or any third parties of any actual or alleged breach of law and/or fraud performed by you (either in or not in connection with this Agreement). Only once we are satisfied that the matter is resolved, we will remove the restrictions applied to your Affiliate account.

5.9. If you have an outstanding balance due to the Company under this Agreement or any other agreement between you and the Company, whether or not related to the Affiliate Program, you agree that the Company may offset any such amounts due to you from amounts payable to you under this Agreement.

5.10. If you have not earned any Commissions within a six (6) months period, then we may, in our sole discretion unilaterally terminate this Agreement, close your Affiliate account, and withhold any unpaid Commissions. We are relieved from any and all obligations to you, including, without limitations, financial obligations, in accordance with the Agreement if you do not dispute the closing of your Affiliate account as specified in this Clause 4.10 within five (5) business days from notification informing you about the termination of the Agreement along with the closure of your account and withholding of unpaid Commissions.

5.11. You confirm that You are aware, that any Fees paid by us may be subject to taxes (including but without limitation to all income taxes, VAT, social security and health insurance taxes, and any taxes or fees that required to be withheld by local tax authority) and You shall be responsible for declaring the Fees received and paying respective taxes.

6.	Training and Support

We may make available to you, without charge, various documents and other resources made available as part of our Affiliate Program. If we make such resources available to you, you will encourage your sales representatives and/or other relevant personnel to participate in training and/or other certifications as we recommend and may make available to you from time-to-time. We may change or discontinue any or all parts of the Affiliate Program benefits or offerings at any time without notice.

7.	Trademarks

You grant to us a nonexclusive, nontransferable, royalty-free right to use and display your trademarks, service marks and logos (“Affiliate Marks”) in connection with the Affiliate Program and this Agreement.

During the term of this Agreement, in the event that we make our trademark available to you within the Affiliate Drive, you may use our trademark as long as you follow the usage requirements in this section.  You must: (i) only use the images of our trademark that we make available to you, without altering them in any way; (ii) only use our trademarks in connection with the Affiliate Program and this Agreement; (iii) comply with our brand guidelines made available through the Affiliate Drive; and (iv) immediately comply if we request that you discontinue use.  You must not: (i) use our trademark in a misleading or disparaging way; (ii) use our trademark in a way that implies we endorse, sponsor or approve of your services or products; or (iii) use our trademark in violation of applicable law or in connection with an obscene, indecent, or unlawful topic or material.

8.	Proprietary Rights

8.1 WellStream’s Proprietary Rights.  No license to any software is granted by this Agreement. The WellStream Products are protected by intellectual property laws. The WellStream Products belong to and are the property of us or our licensors (if any). We retain all ownership rights in the WellStream Products. You agree not to copy, rent, lease, sell, distribute, or create derivative works based on the WellStream Content, or the WellStream Products in whole or in part, by any means, except as expressly authorized in writing by us. If you wish to use WellStream Content, you must only use content provided to you through the Affiliate Drive, or request and be granted permission by us in writing to use content not present in the Affiliate Drive. WellStream, the WellStream logos, and other marks that we use from time to time are our trademarks and you may not use them without our prior written permission, except as otherwise set forth in this Agreement.

We encourage all customers, affiliates and partners to comment on the WellStream Products, provide suggestions for improving them, and vote on suggestions they like. You agree that all such comments and suggestions will be non-confidential and that we own all rights to use and incorporate them into the WellStream Products, without payment to you.

8.2 Customer’s Proprietary Rights.

Customer will own and retain all rights to the Customer Data.

9.	Confidentiality

As used herein, “Confidential Information” means all confidential information disclosed by a party ("Disclosing Party") to the other party (“Receiving Party”), (i) whether orally or in writing, that is designated as confidential, and (ii) WellStream customer and prospect information, whether or not otherwise designated as confidential. Confidential Information does not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party or (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party.  The Receiving Party shall: (i) protect the confidentiality of the Confidential Information of the Disclosing Party using the same degree of care that it uses with its own confidential information, but in no event less than reasonable care, (ii) not use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement, (iii) not disclose Confidential Information of the Disclosing Party to any third party, and (iv) limit access to Confidential Information of the Disclosing Party to its employees, contractors and agents. The Receiving Party may disclose Confidential Information of the Disclosing Party if required to do so under any federal, state, or local law, statute, rule or regulation, subpoena or legal process.

10.	Opt Out and Unsubscribing

You will comply promptly with all opt out, unsubscribe, "do not call" and "do not send" requests.  For the duration of this Agreement, you will establish and maintain systems and procedures appropriate to effectuate all opt out, unsubscribe, "do not call" and "do not send" requests.

11.	Term and Termination

11.1 Term. This Agreement will apply for as long as you participate in the Affiliate Program, until terminated.

11.2 Termination Without Cause.  Both you and we may terminate this Agreement on fifteen (15) days written notice to the other party.

11.3 Termination for Agreement Changes. If we update or replace the terms of this Agreement, you may terminate this Agreement on five (5) days written notice to us, provided that you send us written notice within ten (10) days after we send you notice of the change.

11.4 Termination for Cause.  We may terminate this Agreement: (i) upon thirty (30) days’ notice to you of a material breach if such breach remains uncured at the expiration of such period, (ii) upon fifteen (15) days notice to you of non-payment of any amount due to us if such amount remains unpaid at the expiration of such period, (iii) immediately, if you become the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors, (iv) immediately, if you breach the terms applicable to your subscription with us (if you have one), including if you default on your payment obligations to us or our affiliate, or (v) immediately, if we determine that you are acting, or have acted, in a way that has or may negatively reflect on or affect us, our prospects, or our customers.

11.5 Effects of Expiration/Termination.  Expiration of this Agreement, and termination of this Agreement: (i) without cause by us,(ii) by you with cause, (iii) by you according to the ‘Termination for Agreement Changes’ section, shall not affect our obligation to pay you a Commission, so long as the related payment by the Customer Transaction is recognized by us within thirty (30) days after the date of such termination or expiration. We will not pay you fees on Customer Transactions recognized by us after thirty (30) days after the date of such termination or expiration set out above.  Provided however, in the event of termination without cause by you, or for cause by us, our obligation to pay and your right to receive any Commission will terminate upon the date of such termination, regardless of whether you would have otherwise been eligible to receive Commission prior to the date of termination. Except as expressly set forth in this section, you are not eligible to receive a Commission payment after expiration or termination of this Agreement. Upon termination or expiration, you will discontinue all use of and access to the Affiliate Drive that we make available to you for your participation in the Affiliate Program. Upon termination or expiration, an Affiliate Lead is not considered valid, and we may choose to maintain it in our database and engage with such a prospect.

Upon termination or expiration, you will immediately discontinue all use of our trademark and references to this Affiliate Program from your website(s) and other collateral. For the avoidance of doubt, termination or expiration of this Agreement shall not cause a Customer’s subscription agreement to be terminated.

12.	Affiliate Representations and Warranties

You represent and warrant that: (i) you have all sufficient rights and permissions to participate in the Affiliate Program and to provision the Company with Affiliate Lead’s for our use in sales and marketing efforts or as otherwise set forth in this Agreement, (ii) your participation in this Affiliate Program will not conflict with any of your existing agreements or arrangements; and (iii) you own or have sufficient rights to use and to grant to us our right to use the Affiliate Marks.

You further represent and warrant that: (i) you will ensure that you are compliant with any trade or regulatory requirements that may apply to your participation in the Affiliate Program (for example, by clearly stating you are part of the Affiliate Program on any website(s) you own where you make any Promotion Codes available); (ii) you will accurately provide in the Affiliate Drive all websites and domains you own where you intend to use Promotion Codes to generate Affiliate Leads; (iii) you will not purchase ads that direct to your site(s) or through any Promotion Codes that could be considered as competing with WellStream’s own advertising, including, but not limited to, our branded keywords; (iv) you will not participate in cookie stuffing or pop-ups, false or misleading links are strictly prohibited; (v) you will not attempt to mask the referring URL information; (vi) you will not use your own Promotion Codes to purchase WellStream products for yourself; and (vii) you will not use any mechanisms to deliver leads other than through an intended consumer. This includes sourcing leads through compilations of personal data such as phonebooks, using fake redirects or other tools or automation devices to generate leads (including but not limited to robots, lframes, or hidden frames), or offering incentives to encourage purchases or signups.

12.1 Indemnification. You will indemnify, defend and hold us harmless, at your expense, against any third-party claim, suit, action, or proceeding (each, an "Action") brought against us (and our officers, directors, employees, agents, service providers, licensors, and affiliates) by a third party not affiliated with us to the extent that such Action is based upon or arises out of (a) your participation in the Affiliate Program, (b) our use of the prospect data you provided us, (c) your noncompliance with or breach of this Agreement, (d) your use of the Affiliate Drive or (e) our use of the Affiliate Marks. We will: notify you in writing within thirty (30) days of our becoming aware of any such claim; give you sole control of the defence or settlement of such a claim; and provide you (at your expense) with any and all information and assistance reasonably requested by you to handle the defence or settlement of the claim. You shall not accept any settlement that (i) imposes an obligation on us; (ii) requires us to make an admission; or (iii) imposes liability not covered by these indemnifications or places restrictions on us without our prior written consent.

13.	Disclaimers; Limitations of Liability

13.1 Disclaimer of Warranties. WE AND OUR AFFILIATED COMPANIES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF THE WELLSTREAM PRODUCTS, WELLSTREAM CONTENT, THE AFFILIATE PROGRAM OR THE AFFILIATE DRIVE FOR ANY PURPOSE. APPLICATION PROGRAMMING INTERFACES (APIs) AND THE AFFILIATE DRIVE MAY NOT BE AVAILABLE AT ALL TIMES. TO THE EXTENT PERMITTED BY LAW, THE WELLSTREAM PRODUCTS AND AFFILIATE DRIVE ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THE WELLSTREAM PRODUCTS AND THE AFFILIATE DRIVE INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

13.2 No Indirect Damages. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR BUSINESS OPPORTUNITIES.

13.3 Limitation of Liability. IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, WE ARE DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY, THE PARTIES AGREE THAT OUR AGGREGATE LIABILITY WILL BE LIMITED TO THE TOTAL COMMISSION AMOUNTS YOU HAVE ACTUALLY EARNED FOR THE RELATED CUSTOMER TRANSACTIONS IN THE TWELVE MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO A CLAIM.

13.4 Affiliate Drive. WE DISCLAIM ALL LIABILITY WITH RESPECT TO THE AFFILIATE DRIVE THAT YOU USE.  WE DO NOT PROMISE TO MAKE THE AFFILIATE DRIVE AVAILABLE TO YOU, AND WE MAY CHOOSE TO DO SO, OR NOT TO DO SO, IN OUR DISCRETION.

14.	General

14.1 Amendment; No Waiver. We may update and change any part or all of this Agreement, including by replacing it in its entirety. If we update or change this Agreement, the updated Agreement will be made available to you via the Affiliate Drive link and/or by email. The updated Agreement will become effective and binding on the next business day after we have notified you. When we change this Agreement, the "Last Modified" date above will be updated to reflect the date of the most recent version at https://www.thewellstream.com/affiliates/program-policies.  We encourage you to review this Agreement periodically.  If you don’t agree to the update, change or replacement, you can choose to terminate as we describe above. No delay in exercising any right or remedy or failure to object will be a waiver of such right or remedy or any other right or remedy. A waiver on one occasion will not be a waiver of any right or remedy on any future occasion.

14.2 Applicable Law. This Agreement shall be governed by the laws of the nation of New Zealand, without regard to the conflict of laws provisions thereof. In the event either of us initiates an action in connection with this Agreement or any other dispute between the parties, the exclusive venue and jurisdiction of such action shall be in the state and federal courts in New Zealand.

14.3 Force Majeure. Neither party will be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of God; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions; or other event outside the reasonable control of the obligated party. Each party will use reasonable efforts to mitigate the effect of a force majeure event.

14.4 Permitted. Except for actions for nonpayment or breach of a party’s proprietary rights, no action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than one (1) year after the cause of action has accrued.

14.5 Relationship of the Parties. Both you and we agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement.

14.6 Compliance with Applicable Laws.  You shall comply, and shall ensure that any third parties performing sales or referral activities on your behalf comply, with all applicable foreign and domestic laws (including without limitation export laws and laws applicable to sending of unsolicited email), governmental regulations, ordinances, and judicial administrative orders. You shall not engage in any deceptive, misleading, illegal or unethical marketing activities, or activities that otherwise may be detrimental to us, our customers, or to the public. Export laws and regulations of New Zealand and any other relevant local export laws and regulations may apply to the WellStream Products. You will not directly or indirectly export, re-export, or transfer the WellStream Products to prohibited countries or individuals or permit use of the WellStream Products by prohibited countries or individuals.

14.7 Severability. If any part of this Agreement is determined to be invalid or unenforceable by applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect.

14.8 Notices. Notice will be sent to the contact address set forth herein (as such may be changed by notice given to the other party), and will be deemed delivered as of the date of actual receipt.
To Nothing is Obvious LTD, 297 St Hill Street, Whanganui, New Zealand 4501. Attention: General Counsel
To you: your address as provided in our affiliate account information for you.
We may give electronic notices specific to you by email to your e-mail address(es) on record in our account information for you. We may give notice to you by telephone calls to the telephone numbers on record in our account information for you.

14.9 Entire Agreement. This Agreement is the entire agreement between us for the Affiliate Program and supersedes all other proposals and agreements, whether electronic, oral or written, between us. We object to and reject any additional or different terms proposed by you, including those contained in your purchase order, acceptance or website. Our obligations are not contingent on the delivery of any future functionality or features of the WellStream Products or dependent on any oral or written public comments made by us regarding future functionality or features of the WellStream Products. It is the express wish of both you and us that this Agreement and all related documents be drawn up in English. We might make versions of this Agreement available in languages other than English. If we do, the English version of this Agreement will govern our relationship and the translated version is provided for convenience only and will not be interpreted to modify the English version of this Agreement.

14.10 Assignment. You will not assign or transfer this Agreement, including any assignment or transfer by reason of merger, reorganization, sale of all or substantially all of its assets, change of control or operation of law, without our prior written consent. We may assign this Agreement to any affiliate or in the event of merger, reorganization, sale of all or substantially all of our assets, change of control or operation of law.

14.11 No Third Party Beneficiaries.  Nothing in this Agreement, express or implied, is intended to or shall confer upon any person or entity (other than the parties hereto) any right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.

14.12 Program Policies Page. We may change the Program Policies from time to time. Your participation in the Affiliate Program is subject to the Program Policies, which are incorporated herein by reference.

14.13 No Licenses. We grant to you only the rights and licenses expressly stated in this Agreement, and you receive no other rights or licenses with respect to us, the WellStream Products, our trademarks, or any other property or right of ours.

14.14 Sales by WellStream. This Agreement shall in no way limit our right to sell the WellStream Products, directly or indirectly, to any current or prospective customers.

14.15 Authority. Each party represents and warrants to the other that it has full power and authority to enter into this Agreement and that it is binding upon such party and enforceable in accordance with its terms.

14.16 Survival. The following sections shall survive the expiration or termination of this Agreement: ‘Commission and Payment’, ‘Proprietary Rights’, ‘Confidentiality’, ‘Effects of Termination/Expiration’, ‘Indemnification’, ‘Disclaimers; Limitation of Liability’, ‘Non-Solicitation’ and ‘General’.

14.17 Data Processing and Protection. The parties acknowledge that in connection with the Affiliate Program, each party may provide or make available to the other party Personal Data. To the extent that any Personal Data is processed in connection with the Project the terms set forth in the WellStream privacy policy (https://www.thewellstream.com/privacy-policy/ ) shall apply. For the avoidance of doubt and without prejudice to the foregoing, WellStream shall be an independent controller of any Personal Data that it receives or shares with Affiliate.

I have read and agree to the Terms and Conditions and Privacy Policy.

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Your main social profile page URL

Social Media Links

Audience Insights: Demographics. What age and gender groups love your main social profile the most.

Audience Insights: Engagement

Audience Insights: Reach

Follower Count

Upload audience and engagement metrics screenshots (optional).

Choose File

Content and Brand Alignment: Brand Categories & Interests

Your Content Themes and Keywords

Affiliate Industry Experience

Current Brand Affiliations

Similar Affiliations: Are you currently working with another brand in the digital wellbeing industry?

Yes

Brand Interest: WellStream

Affiliate Goals

Do you understand that the commission rate for this program is 35% of non-recurring annual subscription value?

Yes

We payout commissions on a monthly schedule to affiliates who have at least $100 USD of commissions to payout.

I understand.

It may take up to two weeks to assess your application but we will try to let know ASAP. Is your application complete?

My application is complete.