1. Definitions
1.1 In these Terms:
- “Affiliate” means a person approved by the Operator to participate in the Program.
- “Affiliate Materials” means links, codes, creative assets and other materials provided or approved by the Operator.
- “Commission” means the remuneration payable to the Affiliate for a Qualifying Booking.
- “Merchant of Record” means IVNO Group LLC, a limited liability company organised under the laws of the State of Wyoming, 30 N Gould St Ste N, Sheridan, WY 82801, United States of America, which sells the services of The Soul Seeds to customers and processes their payments.
- “Operator” means PT Lumara Global Ventures, a company incorporated in the Republic of Indonesia (NIB 1000000009146808), Jalan Nyuh Bulan, Desa/Kelurahan Ubud, Kec. Ubud, Kab. Gianyar 80571, Bali, Indonesia.
- “Program” means The Soul Seeds Affiliate Program.
- “Qualifying Booking” means a booking that meets the requirements of clause 5.
2. Acceptance and eligibility
2.1 By applying to or participating in the Program, the Affiliate accepts these Terms.
2.2 The Affiliate must be at least 18 years of age and have legal capacity to contract. The Operator may require verification of identity, legal name, address, bank details and tax status before approval or payment.
2.3 The Operator may accept or reject any application at its discretion. Participation is non-exclusive.
3. Relationship of the parties
3.1 The Affiliate is an independent contractor. Nothing in these Terms creates an employment, agency, partnership or joint venture relationship. The Affiliate has no authority to make any representation or commitment on behalf of the Operator, the Merchant of Record or The Soul Seeds.
4. Promotional obligations
4.1 The Affiliate must promote The Soul Seeds accurately and lawfully, using only prices, inclusions and availability published on thesoulseeds.com.
4.2 The Affiliate must not make any claim that a healing session, ceremony or other service treats, heals, cures or prevents any condition, or produces any specific result.
4.3 The Affiliate must clearly disclose the commercial relationship in every promotion, in accordance with the laws and guidelines applicable to its audience, including the guidance of the Australian Competition and Consumer Commission and the Federal Trade Commission of the United States.
4.4 The Affiliate must not photograph or record ceremonies, practitioners, temples or minors without the required permissions and consents.
4.5 Unless the Operator has given prior written consent, the Affiliate must not:
- (a) send unsolicited commercial messages;
- (b) publish false or incentivised reviews or testimonials;
- (c) bid on “The Soul Seeds”, “Soul Seeds Bali”, “TheSoulSeeds” or any confusingly similar term or misspelling in paid search;
- (d) use any of those names or the logo in domain names, social media handles or advertising URLs;
- (e) use cookie stuffing, forced clicks, iframes or any other means of manipulating attribution;
- (f) publish or invent discounts or promotional codes; or
- (g) publish content that is unlawful, defamatory, hateful, discriminatory or sexually explicit, or that breaches the rules of the platform on which it appears.
4.6 The Affiliate may use only Affiliate Materials and may not modify them without the Operator’s prior written consent.
5. Attribution and Qualifying Bookings
5.1 Bookings are attributed through the Affiliate’s tracking link and, where issued, the Affiliate’s personal code. Unless otherwise stated in the Affiliate dashboard, a booking is attributed to the last Affiliate link clicked within 30 days before the booking. A personal code used by the customer prevails over a tracking link.
5.2 A booking is a Qualifying Booking only if it is paid in full and the service is completed by the customer. Bookings that are cancelled, refunded, subject to a chargeback or fraudulent, and bookings made by or for the Affiliate, are not Qualifying Bookings. Offline bookings qualify only where agreed and recorded in writing by the Operator.
5.3 The Operator is not liable for attribution lost as a result of ad blockers, browser settings, cookie choices or incorrect use of tracking links.
6. Commission and payment
6.1 Commission rates are those stated in the Affiliate dashboard or in a written agreement with the Operator.
6.2 Commissions are paid by the Operator within the first 10 business days of the month following completion of the service, in United States dollars or Indonesian rupiah at the Operator’s election. Any conversion is made at the mid-market rate on the date of payment.
6.3 The Operator may set a minimum payment threshold and deduct reasonable transfer fees, with prior notice to the Affiliate.
6.4 The Operator may deduct from future Commissions any Commission paid for a booking that is subsequently cancelled, refunded or charged back. A negative balance may be carried forward.
6.5 Commissions are subject to any withholding tax required by Indonesian law. The Affiliate must provide accurate tax information and, to claim the benefit of a double taxation agreement, a valid certificate of tax residence. The Affiliate is solely responsible for its own tax obligations.
6.6 The Operator may suspend payment pending identity verification, fraud review or compliance checks and notifies the Affiliate of the reason.
7. Confidentiality and data protection
7.1 The Affiliate must keep confidential all non-public information concerning the Operator, the Merchant of Record, their rates and operations.
7.2 The Affiliate does not receive customer data from the Operator. The Affiliate must comply with all applicable data protection and electronic marketing laws in respect of any personal information that it collects.
8. Intellectual property
8.1 The Soul Seeds name, logo, texts, images and videos are owned by or licensed to IVNO Group LLC. The Operator grants the Affiliate a limited, revocable, non-exclusive, non-transferable licence to use the Affiliate Materials solely for the purpose of the Program. All other rights are reserved.
9. Compliance review, suspension and termination
9.1 The Operator may review the Affiliate’s traffic sources, advertising and content and may require the amendment or removal of any content that breaches these Terms.
9.2 The Operator may suspend the Affiliate’s account where it reasonably suspects fraud or a material breach, and gives the Affiliate notice of the reasons and an opportunity to respond.
9.3 Either party may terminate participation at any time by written notice. The Operator may terminate with immediate effect for fraud or material breach.
9.4 On termination, the licence in clause 8 ends and the Affiliate must cease using the Affiliate Materials. Commissions earned before termination are paid in the next payment cycle, subject to clause 6.4, except Commissions derived from fraud or breach.
10. Disputes concerning Commissions
10.1 Any dispute concerning attribution or Commission must be notified in writing within 60 days of the relevant payment or statement. The Operator reviews the dispute in good faith and communicates its decision and reasons in writing.
11. Liability and indemnity
11.1 The Operator does not guarantee any level of bookings or earnings.
11.2 To the maximum extent permitted by law, neither party is liable for indirect or consequential loss, or for loss of profit or opportunity. The total liability of the Operator under these Terms is limited to the Commissions paid to the Affiliate in the 12 months preceding the claim.
11.3 The Affiliate indemnifies the Operator, the Merchant of Record and their directors, employees and agents against all claims, losses, costs (including reasonable legal costs) and liabilities arising from the Affiliate’s content, promotions or breach of these Terms.
11.4 Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited.
12. Amendments
12.1 The Operator gives at least 15 days’ written notice of any material amendment to these Terms. Amendments do not affect Commissions already earned. An Affiliate who does not accept an amendment may terminate its participation before the amendment takes effect.
13. Privacy
13.1 The Operator and the Merchant of Record process the Affiliate’s personal information for the administration of the Program, the payment of Commissions and compliance with legal obligations, including through transfers between the Republic of Indonesia and the United States, in accordance with the Privacy Policy.
14. Governing law and jurisdiction
14.1 These Terms are governed by the laws of the Republic of Indonesia. The parties will first attempt to resolve any dispute through good-faith negotiation. Failing resolution within 30 days, the dispute is submitted to the District Court of Gianyar, Bali.
15. General
15.1 If any provision of these Terms is held invalid, the remaining provisions continue in full force. A failure to exercise any right is not a waiver of it. The Affiliate may not assign its rights or obligations without the Operator’s prior written consent. Clauses 7, 8, 11 and 14 survive termination.
16. Contact
PT Lumara Global Ventures (Operator). Jalan Nyuh Bulan, Ubud, Kab. Gianyar 80571, Bali, Indonesia. Email: info@thesoulseeds.com.
IVNO Group LLC (Merchant of Record). 30 N Gould St Ste N, Sheridan, WY 82801, United States of America.