AFFILIATE PARTNER PROGRAM AGREEMENT

Last updated: 22 April 2026

By clicking "Sign Up" (or a similar button) when registering as an evolv. Affiliate Partner, or by participating in any Affiliate Partner Program activities, you agree to be bound by this Partner Program Agreement (the "Agreement"). The Agreement is between you, as partner ("You" or "Partner"), and evolv. Yoga (The Trustee For The Ubuntu Trust) ABN 12 427 169 136 ("Evolv", "us", "we"). Each of Partner and Evolv may be referred to individually as a "Party" and collectively as the "Parties".

The current version of this Agreement is always available at https://www.evolvyoga.com.au/partner-program-agreement. Evolv reserves the right to update this Agreement at any time. Where a significant change is made, we will provide reasonable notice by email. Your continued participation after any update constitutes your acceptance of the revised terms.

By agreeing to participate in the Partner Program, you accept all terms and conditions in this Agreement and in evolv.'s other policies, including our Terms & Conditions and Privacy Policy, all of which are incorporated into this Agreement by reference.

Governing Law and Jurisdiction

This Agreement is governed by and construed in accordance with the laws of Western Australia, Australia. Each Party irrevocably submits to the exclusive jurisdiction of the courts of Western Australia, Australia in respect of any dispute or claim arising out of or in connection with this Agreement. If you access this site or participate in our programs from outside Australia, you are responsible for compliance with all local laws applicable to you.

Limitation of Liability and Indemnification

To the fullest extent permitted by law, Evolv, its owners, employees, agents, and affiliates shall not be liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages — including any loss of income, profits, goodwill, data, or other intangible losses — arising out of or in connection with your participation in the Partner Program, even if we have been advised of the possibility of such damages.

You agree to indemnify, defend, and hold harmless Evolv, its owners, employees, agents, and affiliates from and against any and all claims, damages, liabilities, losses, costs, or expenses (including reasonable legal fees) arising out of or related to:

Your breach of this Agreement;
Your violation of any law or the rights of a third party; or
Your marketing activities or misuse of evolv.'s intellectual property.

If you are dissatisfied with any aspect of the Partner Program, your sole and exclusive remedy is to discontinue participation.

Data Protection and Privacy

You agree to comply with all applicable data protection and privacy laws, including but not limited to the Australian Privacy Act 1988, the General Data Protection Regulation (GDPR), and any other applicable local or international regulations.

You may only collect, use, store, or process personal data obtained through your participation in the evolv. Partner Program for the sole purpose of promoting evolv. products and services, and only as expressly permitted by this Agreement. You must not share, sell, or misuse any personal data of customers, leads, or other partners.

You are responsible for implementing appropriate technical and organisational measures to protect any personal data you handle against unauthorised access, loss, or disclosure. If you become aware of any actual or suspected data breach involving personal data related to evolv., you must notify us immediately and cooperate fully in any investigation or remediation.

Upon termination of your participation in the Partner Program, you must securely delete or return all personal data obtained through the program, unless otherwise required by law. Any failure to comply with these obligations may result in immediate termination of your participation and potential legal action.

1. Partner Responsibilities

1.1 Marketing Activities

Partner bears all costs and expenses related to Partner's marketing and promotion of evolv. in any area, location, territory, or jurisdiction, unless otherwise determined by Evolv in its sole discretion.
Partner will only engage in marketing activities expressly permitted under this Agreement and will comply with all applicable laws, rules, and regulations — including those relating to email marketing and anti-spam requirements.
Partner will not send any email regarding evolv. to any person who has not requested such information; will always include Partner's contact information and a functional unsubscribe mechanism in any such email; and will not imply that any such email is sent on behalf of evolv.
Partner will not: (i) engage in fax, broadcast, telemarketing, or offline marketing without prior written approval from Evolv; (ii) use malware, spyware, or aggressive advertising methods; (iii) make false, misleading, or disparaging representations about evolv.; (iv) solicit evolv.'s customers to leave the platform; (v) copy, mimic, or misrepresent their affiliation with evolv.; or (vi) engage in any practice that could adversely affect the reputation or credibility of evolv., including use of websites or communications that promote sexually explicit material, violence, discrimination, or illegal activity.
All claims Partner makes in marketing any evolv. product, service, or opportunity must be true and accurate. Untrue, fraudulent, or unsubstantiated claims are strictly prohibited. Partner may not claim that any government, person, or entity endorses or supports evolv.

1.2 Compliance with Laws

Partner will perform all obligations under this Agreement in accordance with the highest applicable industry standards and in compliance with all applicable laws, rules, and regulations.

1.3 Unauthorised and Prohibited Activities

Partner will not promote or advertise evolv. on coupon, deal, or discount sites, or on get-paid-to-click or other incentivised platforms, or display any offer code on a public-facing page.
Partner will not use affiliate links directly in any pay-per-click advertising.
Partner will not purchase search engine keywords, trademarks, or domain names that use the evolv. trademarks or any confusingly similar variations or misspellings.
Partner will not create or participate in sub-affiliate networks without the express written permission of Evolv.
Partner will not use bots, toolbar traffic, cookie stuffing, false or misleading links, or any other means of delivering fraudulent traffic.
Partner will not direct-link to any page on any evolv. website without prior written permission from Evolv.
Partner will not mask referral sites or use deceptive redirecting links.
Partner will not disparage the products or services of any other person or entity, including evolv.'s competitors, other customers, or evolv. itself.

1.4 FTC and Advertising Disclosure Guidelines

As a member of the evolv. Partner Program, Partner receives compensation for referrals made to evolv. This may establish a "material connection" under United States Federal Trade Commission (FTC) guidelines and equivalent regulations in Australia and Germany, creating an obligation to disclose that connection to consumers.

Full compliance requires that Partner: (a) clearly and conspicuously discloses that they are compensated for referring customers to evolv.; and (b) does not engage in misleading or deceptive advertising. Partner is encouraged to review the FTC's endorsement guidelines and equivalent guidance applicable in their jurisdiction.

1.5 Active Membership Requirement

Participation in the Affiliate Partner Program is strictly limited to individuals with an active evolv. online membership, either monthly or annual. If your membership is cancelled, suspended, or otherwise inactive at any time, your participation in the Partner Program will be automatically terminated and you will forfeit any unpaid or future Referral Fees.

Reactivation of your evolv. online membership does not automatically restore your Partner Program participation or entitle you to Referral Fees for Sold Offers made during any period of inactivity. You must re-apply for Partner Program access following any period of membership inactivity.

1.6 Other Partner Terms

Partner must maintain an active PayPal account to receive Referral Fees. This is the primary payment method. In limited circumstances, and at evolv.'s sole discretion, direct bank transfer may be offered to Australian-based partners.
If Partner is an individual, you must be at least 18 years of age, or the age of majority in your jurisdiction, whichever is greater.
You confirm that you are becoming a Partner for the purposes of carrying on a business activity and not for personal, household, or family purposes.
To become a Partner, you must create a Partner Account by providing all required information. Evolv may reject any application in its sole discretion. You are responsible for keeping your Partner Account credentials secure.
Partner acknowledges that Partner is responsible for the performance of all obligations under this Agreement, including where those obligations are sub-contracted to any third party.
Partner will promptly inform Evolv of any information that could reasonably give rise to a claim, demand, or liability against evolv. by any third party.
Evolv may amend this Agreement at any time by posting the updated version at https://www.evolvyoga.com.au/partner-program-agreement. Where a significant change is made, Evolv will provide reasonable notice by email. Continued participation after any amendment constitutes acceptance of the updated terms.
If Partner's communications include reference to potential income, income they have earned, or lifestyle opportunities available through evolv., the following requirements must be met: (a) all statements must be completely true, accurate, and supported by evidence; (b) any hypothetical scenarios must be clearly labelled as such; and (c) all such statements must be accompanied by the evolv. Affiliate Partner Income Disclaimer.

2. Referral Fees

2.1 Payment of Referral Fees

Upon acceptance into the Affiliate Partner Program, you will be assigned one or more unique Partner URLs. When a prospect clicks your Partner URL, a cookie or similar tracking technology will be set in their browser. That cookie remains active for 60 days from the date of first click. If the prospect creates an evolv. membership or makes a qualifying purchase within that 60-day window while the cookie is present, this will register a "Sale" and the resulting account will be considered a "Sold Offer."
Subject to full compliance with this Agreement, you will earn a Referral Fee for each Sold Offer that results in actual payment to evolv. Referral Fee rates vary by product and are calculated as a percentage of the base subscription or one-time purchase price received by evolv. Current Referral Fee rates are published in your Partner Dashboard and may be updated by Evolv with reasonable notice.
Referral Fees are paid on the 1st of each month for balances that have reached the minimum payout threshold of AUD $100. Balances below this threshold will be carried forward to the following month. evolv. reserves the right to adjust the minimum payout threshold and will provide reasonable notice of any change.
Referral Fees are only paid for completed, non-refunded transactions where evolv. has actually received cleared payment. No Referral Fee is due if a transaction is cancelled, refunded, or charged back. If a Referral Fee has already been paid on a transaction that is subsequently refunded or charged back, the corresponding amount will be deducted from future payouts.
A referral will only be attributed to your Partner account if the customer uses your affiliate link directly, or if the customer contacts [email protected] within 60 days of subscribing to request manual attribution. After 60 days, no claim to Referral Fees for that customer will be entertained.
Evolv reserves the right to withhold or reverse Referral Fees for any Sale determined to be fraudulent, in violation of this Agreement, or otherwise improper. Where such a determination is made after payment, the amount will be deducted from future Referral Fees.
A customer may request to be removed from your Partner account at any time, after which you will not be entitled to Referral Fees for that customer going forward.
No Referral Fees will be paid for Sold Offers made by you, your own accounts, or any affiliated business.

2.2 Referral Fee Tiers

Evolv may, at its sole discretion, offer tiered Referral Fee structures based on factors including but not limited to referral volume, Partner tenure, or Partner performance. Where a tier structure is in place, current tier details will be published in your Partner Dashboard and may be updated by Evolv with reasonable prior notice. Tiers are not guaranteed, and Evolv reserves the right to modify or discontinue any tier structure at any time. No tier status is permanent and is subject to ongoing compliance with this Agreement.

2.3 Partner Representations and Taxes

You represent and warrant that you operate as an independent business and have satisfied all legal, tax, and licensing requirements necessary for your business activities. You are solely responsible for all tax liabilities arising from Referral Fees paid to you by evolv.

2.4 Self-Dealing, Inventory Loading, and Rebates

You are strictly prohibited from earning Referral Fees on payments made for your own accounts, accounts you control, or accounts opened in fictitious or third-party names for the purpose of generating Referral Fees. You may not refer yourself, pay for another person's account for the purpose of generating a referral, or offer cash rebates or monetary incentives to prospects in exchange for signing up.

Any violation of this section constitutes a material breach of this Agreement. Evolv reserves the right to require repayment of all Referral Fees earned in violation of this section and to pursue any other remedies available at law or equity.

3. Termination

3.1 Termination

Either Party may terminate this Agreement at any time, with or without cause, upon written notice to the other Party.
Evolv may, at its sole discretion, suspend or terminate your participation in the Partner Program immediately and without notice where you engage in fraudulent, abusive, or otherwise unacceptable behaviour, breach this Agreement or any evolv. policy, or act in a manner that could harm evolv.'s reputation or business interests. In such cases, all unpaid and future Referral Fees will be forfeited.
For non-material or first-instance breaches, Evolv may at its discretion issue a written notice and allow Partner a period of 14 days to remedy the breach before taking further action. This discretion does not apply to fraud, deliberate misrepresentation, data breaches, or conduct that causes immediate reputational harm to evolv.
If your Partner Program account is cancelled or suspended for any reason, your participation in the Partner Program will be automatically terminated and all unpaid and future Referral Fees will be forfeited.

3.2 Effects of Termination

Upon termination, you must immediately cease all use and display of evolv. materials, trademarks, and intellectual property, and remove all related content from your websites, social media, and marketing channels.
All rights granted to you under this Agreement, including access to the Partner Account, Dashboard, and Affiliate Portal, will terminate immediately.
Unless otherwise determined by Evolv in its sole discretion, you will not be entitled to any further Referral Fee payments after the effective date of termination.

3.3 Survival

The following sections survive termination or expiration of this Agreement: Intellectual Property Rights, Confidentiality, Disclaimer of Warranty, Limitation of Liability and Indemnification, Governing Law and Jurisdiction, and any other provisions that by their nature are intended to survive termination.

4. Intellectual Property Rights

4.1 evolv. Materials

All evolv. Materials will be solely created and provided by Evolv unless otherwise agreed in writing in advance. By using evolv. Materials, you indicate your acceptance of the usage guidelines set out in this Agreement. A violation of these guidelines will result in the termination of your licence to use evolv. Materials.

Partner may display evolv. Materials on its platforms solely for the purpose of marketing and promoting evolv. and its products during the term of this Agreement. Partner may not alter, amend, adapt, or translate evolv. Materials without prior written consent from Evolv. evolv. Materials remain the sole and exclusive property of Evolv at all times.

"evolv. Materials" means any marketing or promotional materials relating to evolv. or its platform or products, including copyrighted content, hypertext links, domain names, icons, buttons, banners, graphic files, images, and evolv. Trademarks.

4.2 evolv. Trademarks

During the term of this Agreement, Evolv grants Partner a limited, revocable, non-exclusive, non-sublicensable, and non-transferable licence to display the evolv. Trademarks solely for the purpose of marketing and promoting evolv. and its products and services. Partner acknowledges and agrees that: (a) evolv. Trademarks will only be used as permitted under this Agreement; (b) evolv. Trademarks are and will remain the sole property of Evolv; (c) nothing in this Agreement confers on Partner any right of ownership in the evolv. Trademarks; and (d) Partner will not apply for or use any term or mark confusingly similar to any evolv. Trademark.

"evolv. Trademarks" means the trademarks, logos, service marks, and trade names of evolv. Yoga, whether registered or unregistered, including but not limited to the wordmark EVOLV and the "evolv." design.

4.3 Trademark Usage Guidelines

Partner must comply with the following guidelines when using the evolv. Trademarks. Violation of these guidelines will result in automatic termination of Partner Program participation and the licence to use evolv. Trademarks.

Use must not mislead consumers as to evolv.'s sponsorship of, affiliation with, or endorsement of Partner or Partner's products and services.
The evolv. Trademarks must be used respectfully and must not be used in any way that harms evolv.'s reputation or the goodwill in its brand assets.
The evolv. Trademarks may not be associated with any illegal or illicit activities or used in a deceptive or misleading manner.
On first use of the "evolv." or "Evolv" wordmark in any communication or piece of content, it must be followed by the ® symbol: evolv.® or Evolv®. Subsequent uses within the same communication do not require the ® symbol.
Partner must include the following disclaimer clearly and prominently on any website, social media profile, email, or other communication where evolv. is promoted: "I am not an employee, agent, or representative of evolv. Yoga. evolv. does not endorse my products or services. I am an independent evolv. Affiliate Partner and I receive referral payments from evolv. in this role. All opinions expressed are my own."

4.4 Restrictions on Partner's Use of evolv. Trademarks

Partner will not: (a) use the evolv. Trademarks in Partner's business name, logo, branding, social media handles, or domain names without express written permission from Evolv; or (b) purchase or register keywords, domain names, or email addresses that use the evolv. Trademarks or any confusingly similar variations.

4.5 Proprietary Rights of Evolv

All evolv. Materials, evolv. Trademarks, products, services, software, documentation, methodologies, know-how, and websites — together with all associated intellectual property rights — are and remain the sole and exclusive property of Evolv. To the extent any such property vests in Partner by operation of law, Partner hereby irrevocably assigns all such rights, title, and interest to Evolv upon creation.

5. Confidentiality

5.1 Definition

"Confidential Information" means any and all information associated with a Party's business and not publicly known, including specific business information, technical processes, software, customer lists, pricing, financial information, business plans, and marketing data. For the avoidance of doubt, any information relating to an evolv. customer or other partner is the Confidential Information of Evolv.

5.2 Obligations

Each Party agrees to use the other Party's Confidential Information solely as necessary to perform its obligations under this Agreement, and to take all reasonable steps to prevent its disclosure or misuse. Confidential Information may only be shared with employees, agents, or subcontractors who have a genuine need to access it and who are bound by equivalent confidentiality obligations. Confidential Information does not include information that: (a) was already in the public domain at the time of disclosure; (b) is independently developed without reference to the disclosing Party's information; or (c) is lawfully obtained from a third party without breach of any obligation of confidentiality.

6. Disclaimer of Warranty

The evolv. Affiliate Partner Program, evolv. products and services, evolv. Trademarks, and evolv. Materials are provided "as is". Evolv expressly disclaims all warranties, express or implied, including but not limited to warranties of merchantability, non-infringement, or fitness for a particular purpose. Evolv makes no representation that the Partner Program, evolv. products or services, or evolv. Materials will meet all of Partner's requirements or will be uninterrupted, error-free, or free from harmful components.

7. Limitation of Liability and Indemnification

7.1 Limitation of Liability

To the fullest extent permitted by applicable law, Evolv's total liability to Partner under or in connection with this Agreement — whether in contract, tort (including negligence), or otherwise — will not exceed the total Referral Fees paid by Evolv to Partner in the six (6) month period immediately preceding the event giving rise to the claim. Evolv will have no liability for any indirect, incidental, special, consequential, or exemplary damages, including loss of profits, goodwill, use, data, or other intangible losses.

7.2 Partner Indemnification

Partner agrees to indemnify, defend, and hold harmless Evolv and its directors, officers, owners, employees, subcontractors, and agents (each an "Indemnified Party") from and against any claims, demands, liabilities, losses, costs, or expenses (including reasonable legal fees) arising out of or related to: (a) Partner's breach of any representation, warranty, obligation, or covenant under this Agreement; (b) Partner's negligence or wilful misconduct; (c) any warranty, guarantee, or indemnity granted by Partner to any third party in relation to evolv.; (d) Partner's non-compliance with applicable laws, rules, or regulations, including FTC or ACCC guidelines; (e) Partner's taxes or related penalties; or (f) any third-party claim that Partner's products or services infringe the intellectual property or other rights of a third party.

7.3 Notice of Indemnification

In claiming any indemnification, the Indemnified Party will promptly provide Partner with written notice of any relevant claim. The Indemnified Party may, at its own expense, participate in the defence of any such claim. Partner will control the defence and all related settlement negotiations, provided that Partner will not make any admission on behalf of the Indemnified Party or agree to any settlement terms that impose liability on the Indemnified Party without the Indemnified Party's prior written approval.

8. General Provisions

8.1 Force Majeure

Evolv will not be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond our reasonable control, including acts of God, industrial disputes, power outages, telecommunications failures, natural disasters, government acts, pandemics, or war.

8.2 Independent Contractors

The Parties are independent contractors. Nothing in this Agreement creates an employment, agency, joint venture, or partnership relationship between the Parties. Neither Party may bind the other or incur obligations on the other's behalf without prior written consent.

8.3 Non-Exclusivity

Nothing in this Agreement creates any exclusive arrangement between the Parties. Each Party may enter into similar arrangements with others, provided it does not breach its obligations under this Agreement, including any confidentiality obligations.

8.4 Notice

Any notice under this Agreement must be in writing and will be deemed delivered upon: (a) personal delivery; or (b) email to Partner's registered email address and to [email protected] for notices to Evolv.

8.5 No Waiver

Failure by either Party to enforce any provision of this Agreement at any time will not be construed as a waiver of that Party's right to enforce that provision at any future time.

8.6 Entire Agreement

This Agreement, together with all evolv. Policies referenced herein and available at evolvyoga.com.au/terms, constitutes the entire agreement between the Parties with respect to the subject matter and supersedes all prior agreements, written or oral.

8.7 Assignment

This Agreement is binding on the Parties and their respective heirs, successors, and permitted assigns. Evolv may assign this Agreement without notice to Partner. Partner may not assign or transfer this Agreement or any rights or obligations under it without Evolv's prior written consent, which Evolv may grant or withhold in its sole discretion.

8.8 Applicable Law

This Agreement is governed by and construed in accordance with the laws of Western Australia, Australia. The Parties irrevocably submit to the exclusive jurisdiction of the courts of Western Australia, Australia. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement and is expressly excluded.

8.9 Competitive Materials

Evolv is not precluded from developing, acquiring, licensing, marketing, or distributing products or services that are competitive with Partner's products or services, provided that Evolv does not use Partner's Confidential Information in doing so.

8.10 Modifications

Evolv may modify this Agreement at any time by posting a revised version at https://www.evolvyoga.com.au/partner-program-agreement. Continued participation after the effective date of any modification constitutes acceptance of the revised terms. It is Partner's responsibility to review this Agreement periodically.

8.11 Language

All communications and notices under this Agreement must be in the English language. Where a translation of any evolv. document is provided, the English language version will prevail in the event of any conflict.

8.12 Non-Exclusive Remedies

In the event of any breach or threatened breach by Partner of any provision of this Agreement, Evolv may, in addition to all other available rights and remedies: (a) seek immediate injunctive relief without the necessity of posting bond or demonstrating damages; (b) immediately terminate this Agreement and Partner's access to the Partner Program; (c) require repayment of all amounts paid to Partner under this Agreement in connection with the breach; and (d) seek indemnification for any losses incurred in connection with the violation.

8.13 Severability

If any provision of this Agreement is held to be invalid, illegal, or unenforceable for any reason, that provision will be severed and the remainder of the Agreement will continue in full force and effect.

8.14 Evolv's Right to Monitor

Evolv has the right, but not the obligation, to monitor or investigate any Partner website or platform and your use of evolv.'s products or services at any time for compliance with this Agreement or evolv.'s policies. Evolv's determination of whether a violation has occurred will be final and binding, and any action taken — including taking no action — will be at Evolv's sole discretion.

This Agreement was last updated on 22 April 2026.