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STRETCH YOUR STORY
Professional Partner Program Agreement
STRETCH YOUR STORY, its affiliates, subsidiaries, and their respective representatives, directors, officers, agents, and employees (collectively, "STRETCH YOUR STORY," "Company," “we,” or "us”) are offering eligible persons an opportunity to participate in a Professional Partner Program (the “Program”), providing special benefits to participants (each such participant or potential participant hereinafter a “Partner,” “Partners,” or “you”).
By applying for or enrolling in the Program, whichever occurs first, Partner accepts and agrees, for good and valuable consideration, intending to be legally bound hereby, to the terms of this Agreement. If, for any reason, Partner does not agree with any term of this Agreement, Partner shall not participate in the Program and notify the Company that Partner does not accept this Agreement at:
contact@stretchyourstory.com
Partner’s participation in the Program is CONDITIONED ON PARTNER’S ACCEPTANCE of the below terms of this Partner Program Agreement (as amended from time to time, “this Agreement”). Partner’s continued participation in the program will be understood as a consent to all terms of this Agreement.
Section 1. Effective Date and Term.
This Agreement shall be effective for twelve (12) months beginning on the date of Partner’s enrollment in the Program (the “Term”) and may be renewed upon review and approval of Partner’s eligibility by the Company.
Section 2. Partner Eligibility.
Partner represents and warrants to the Company that, at all times during the Term of this Agreement, the following statements are true:
- (a) Age & Capacity. Partner is at least 18 years old and has the legal capacity to enter into binding agreements.
- (b) Eligibility. Partner has been approved by the Company to participate in this Program, and may be:
- an individual who are health, fitness, or wellness professionals, certified instructors, or licensed practitioners; or
- any other individual approved by the Company in its sole discretion.
- (c) Residency. Partner is a legal resident of the United States, and all Program-related activities will take place within the United States.
- (d) Conflicts. Partner is not employed by, acting as an independent contractor for, or otherwise affiliated with any entity that directly manufactures, distributes, or advertises athletic or athleisure apparel in a manner that directly competes with the Company's core product offerings. Notwithstanding the foregoing, Partner may engage in separate, independent arrangements with other brands, provided that: (a) Partner does not use the Company's trademarks, logos, brand materials, or any Content created for this Program in connection with any third-party brand arrangement; and (b) Partner complies with all applicable FTC disclosure requirements in connection with any third-party brand arrangement.
- (e) Professional Discount Program. By enrolling in the Partner Program, Partner shall also be granted eligibility to participate in the Company’s Professional Partner Discount Program. Notwithstanding such eligibility, any rights, benefits, or responsibilities relating to the Professional Partner Discount Program, including verification process and eligibility for and use of product discounts, are governed exclusively by the [Professional Partner Discount Program Terms and Conditions], which are hereby incorporated by reference into this Agreement.
Section 3. Accuracy of Application Information.
Partner further represents and warrants that all information provided in Partner’s application (including but not limited to the third party registration and verification process as described in Section 8 of this Agreement) is true, accurate, and complete. Partner agrees that any false or misleading information may result in immediate disqualification and forfeiture of all Program benefits.
Section 4. Personal Use Only.
Any Program benefits provided to Partner as a part of the Program are intended solely for personal use by Partner and may not be transferred, assigned, shared, or used by any third party without prior written consent of the Company.
Section 5. Affiliate Platform.
Certain Partners, subject to the sole discretion and approval of the Company, may earn commissions on qualifying sales generated through such Partner’s unique referral code, which commissions will be managed and paid exclusively by AWIN.
Section 6. Affiliate Partners.
In its sole discretion, the Company may contact a Partner for an opportunity to register and create an account using a platform operated and maintained by AWIN (the "Affiliate Platform"). Following registration, the Company will provide instructions and materials to Partner to access a commission payment arrangement available through the Affiliate Platform. In their sole discretion, the Company or AWIN may set forth additional terms upon approval of Partners to join the Affiliate Platform. Partners who maintain an account with the Affiliate Platform become Affiliate Partners (“Affiliate Partners”) and shall have the same rights, obligations, and duties as Partners under this Agreement.
Section 7. Commission Terms.
The commission percentage payable to an Affiliate Partner shall be fifteen percent (15%) of the net purchase price actually received by the Company. Commissions are calculated on the final sale price after any discounts or promotions are applied. Only eligible purchases made through the Partner’s unique referral code qualify for commission. Minimum payout thresholds apply as set by the Company. For avoidance of doubt, Partner shall not be entitled to claim or to receive commissions on any sales that are not generated through Partner’s unique referral code or otherwise not processed through the Affiliate Platform.
Section 8. Affiliate and Verification Platforms.
- (a) Third-Party Platforms and Electronic Consent. Integration. Partner acknowledges that the Program is administered through third-party service providers, including AWIN (for affiliate management) and VeriPass (for identity and eligibility verification). While these platforms operate independently from the Company, the Company selects and integrates them in good faith for Program administration purposes. Partner agrees to comply with the respective terms and privacy policies of such third-party providers. By completing the VeriPass verification process, Partner confirms that: (i) Partner has read, understood, and agrees to be bound by this Agreement in its entirety; (ii) Partner has read, understood, and agrees to the Professional Partner Discount Program Terms and Conditions; and (iii) Partner's completion of the verification process constitutes Partner's electronic signature and express consent to all terms contained herein and therein. The Company's record of Partner's completed verification, including the date and time of completion, shall serve as conclusive evidence of Partner's acceptance of these terms.
- (b) Liability Except to the extent caused by the Company’s own negligence, misrepresentation, or failure to exercise reasonable care in selecting or supervising such provider, Partner agrees that the Company shall not be responsible for: (i) delays, failures, or errors in identity verification or commission payments processed by the respective Platforms; (ii) technical issues, downtime, or malfunctions of the Platforms; (iii) disputes between Partner and AWIN or VeriPass; (iv) changes to the Platforms' terms, structures, or policies; or (v) any suspension or termination of Partner’s account by such third-party providers.
- (c) No Warranty. The Company makes no independent warranty regarding the Platforms’ performance, availability, or reliability. The Company will use commercially reasonable efforts to cooperate with Partner in good faith to facilitate resolution of bona fide verification, payment, or tracking issues involving the Platforms.
- (d) Dispute Resolution. Any dispute relating solely to the Platforms’ technical operation, verification process, or payment processing shall be handled directly between Partner and the respective Platform provider (AWIN or VeriPass) in accordance with their applicable terms of service.
- (e)Platform Indemnification. Partner agrees to and shall defend, indemnify, and hold the Company harmless from and against any and all claims, causes of action, demands, losses, damages, costs, expenses (including reasonable attorneys' fees), and liabilities arising from or related to Partner’s use of the Platforms.
Section 9. Performance Tracking.
Access to performance data and commission tracking may be provided solely through the Affiliate Platform.
Section 10. Return and Refund Impact on Commissions.
If a customer returns merchandise or receives a refund for any qualified purchase made through Partner’s unique referral code, the Company may, at its sole discretion, deduct the corresponding commission from Partner’s future payments or obtain repayment from Partner for such commission. Commission adjustments for returns or refunds will be processed according to the Affiliate Platform's standard procedures.
Section 11. Tax Responsibilities.
Partner is solely responsible for all tax obligations arising from commission payments received through the Affiliate Platform. The Company will not provide tax advice or assistance with tax filings. Partner acknowledges that commission payments may be subject to income tax reporting requirements and agrees that it is Partner’s responsibility to consult with a qualified tax professional regarding Partner’s obligations at Partner’s sole expense. Any tax forms or documentation required by law will be handled directly between Partner and the Affiliate Platform.
Section 12. Content Rights.
12.1 In consideration of the benefits agreed under this Agreement, Partner hereby grants to the Company a worldwide, exclusive, royalty-free, transferable, sublicensable, and perpetual license to use, reproduce, edit, adapt, distribute, publish, display, and create derivative works from any photos, videos, written content, or other materials produced or created by Partner in association with the Company or the Program (collectively, the "Content"), in any format or medium now known or hereafter developed.
12.2 For the avoidance of doubt, the license granted under Section 12.1 includes, without limitation, the right to maintain the Content in archived, historical, or portfolio materials, including but not limited to case studies, internal records, and previously published materials, regardless of whether such materials are actively promoted.
12.3 Following termination or expiration of Partner's participation in the Program, the Company shall not use the Content in a manner that implies an ongoing partnership or endorsement relationship with Partner, in accordance with applicable FTC guidelines.
12.4 Partner agrees, upon request by and at the cost of the Company, to provide such written consents, and execute such documents, as are necessary for the Company to effectuate any rights granted under this Section 12 that are not otherwise effectuated by operation of this Agreement.
Section 13. Publicity Rights.
By participating in the Program, Partner agrees and consents to the Company’s use of Partner’s publicity rights, including but not limited to Partner’s name, nickname, likeness, social media handle, social media profile image, and any identifying elements included in or associated with the same, for any marketing, advertising, promotional, or commercial purpose, whether online, in-store, in print, or through other distribution channels.
Section 14. Intellectual Property Representations and Warranties.
Partner represents and warrants that Partner holds all necessary rights to the Content it creates or produces, including but not limited to copyright, trademark, publicity rights, and any other proprietary rights. Partner further represents and warrants that any individuals featured in the Content have given appropriate permission for their image or likeness to be used accordingly, including but not limited to, model releases and location permits where applicable. Partner represents and warrants that the Content does not infringe upon any third-party rights including copyrights and other applicable intellectual property rights or violate any applicable laws or regulations.
Section 15. Indemnification.
Partner agrees to indemnify, defend, and hold the Company harmless from and against any and all claims, demands, losses, damages, costs, expenses (including reasonable attorneys' fees), and liabilities arising from or related to: (a) the Content or any use thereof by the Company; (b) any breach of Partner’s agreements, representations, warranties, or obligations under these terms; (c) any claims by third parties regarding the Content; or (d) any violation of applicable laws in connection with Partner’s participation in the Program.
Section 16. Annual Renewal Required.
To maintain active Partner status, all Partners may be required to renew their application annually. The Company may send renewal reminders prior to expiration.
Section 17. Termination.
- (a) Notice. The Company reserves the right, upon at least thirty (30) days’ prior written notice, to suspend or terminate Partner’s participation in the Program at any time, for any reason, or for no reason.
- (b) Termination for Cause. The Company may immediately suspend or terminate Partner’s participation in the Program without prior written notice for any of the following reasons, which shall constitute suspension or termination for cause: (i) violation of this Agreement or applicable laws; (ii) misuse of the Program or abuse of benefits; (iii) suspected fraudulent activity, including but not limited to system manipulation, artificial purchase inducement, creation of multiple accounts, or use of unauthorized promotional methods; (iv) providing false, misleading, or incomplete information in Partner’s application or certification documents; (v) engaging in conduct that damages the Company’s brands or reputation, including but not limited to defamatory statements, inappropriate public behavior, or activities that reflect negatively on the Company; or (vi) unauthorized transfer, sharing, or assignment of Partner’s account or benefits to third parties. For purposes of clarity, nothing in this Section 17(b) shall limit the Company’s right to terminate or suspend Partner’s participation in the Program under Section 17(a).
- (c) Effect of Termination. Upon termination, all Program benefits will cease immediately. In cases of termination for cause under Section 17(b), Partner will be disqualified from future participation in the Program. In cases of termination under Section 17(a), Partner may reapply for the Program at the Company's sole discretion. Except in cases of termination for cause, Partner will be paid any unpaid commissions owed under this Agreement for the period prior to the effective date of termination.
Section 18. Program Suspension, Discontinuation, or Modification.
The Company reserves the absolute right, upon written notice, to immediately suspend, modify, or permanently discontinue the Program or any portion thereof at any time, for any reason (including but not limited to, business considerations, regulatory changes, or operational requirements), or for no reason. In the event of Program discontinuation, no compensation or damages will be owed to Partners for lost opportunities or benefits.
Section 19. Program Modifications.
The Company reserves the right to modify or update this Agreement and the benefits or structure of the Program at any time without prior notice. Such modifications will be effective within two (2) days upon publishing on the Company’s website. The Company may, at its discretion, provide additional notice to Partner of modifications or updates to this Agreement. Continued participation after such modifications constitutes acceptance of any revised terms. Partner agrees that it is responsible for regularly reviewing these terms to stay informed of any changes. If, for any reason, Partner does not agree with any updated or modified term of this Agreement, Partner shall immediately cease participation in the Program and notify the Company in writing that it does not accept this Agreement at:<contact@stretchyourstory.com>
Section 20. Account Security and Responsibilities.
Partner is solely responsible for maintaining the confidentiality and security of any account permitted or required to be maintained under these Agreement. Partner must immediately notify the Company of any unauthorized use of Partner’s account(s) or any other breach of security. Partner agrees that the Company will not be liable for any loss or damage arising from unauthorized account access due to Partner’s failure to maintain account security.
Section 21. Intellectual Property.
The Company grants Partner a limited, non-exclusive, non-transferable license to use its trademarks, logos, and brand marketing materials solely for the purpose of promoting STRETCH YOUR STORY products through the Program. This license is revocable at any time and terminates automatically at the end of the Term or the earlier termination of this Agreement. For the avoidance of doubt, if the Company opts to extend the Term of this Agreement, the license will automatically terminate at the expiration of the extended duration of this Agreement.
DMCA Copyright Policy
The Company respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act (17 U.S.C. § 512). If you believe that copyrighted material has been infringed, please submit a written notice that complies with the requirements of the Digital Millennium Copyright Act.
STRETCH YOUR STORY.
100 Church Street, 8th Floor
New York, NY 10007
Email: contact@stretchyourstory.com
Upon receipt of a compliant notice, STRETCH YOUR STORY will take appropriate action, which may include removal of the allegedly infringing material.
Section 22. Brand Guidelines.
Partner’s participation in the Program is subject to the Company’s brand guidelines (“Brand Guidelines”), which may be issued or updated by the Company from time to time. If not yet provided, the Brand Guidelines will be made available to Partner by direct notice or by posting on a designated webpage. Partner agrees to comply with the Brand Guidelines once they are made available. Any updates to the Brand Guidelines will apply going forward and will be reasonable in scope and consistent with the nature of the Program.
Section 23. Marketing and Advertising Compliance.
All marketing and promotional activities related to the Program must comply with applicable laws and regulations, including but not limited to Federal Trade Commission (“FTC”) guidelines regarding endorsements and testimonials, CAN-SPAM Act for email marketing, truth in advertising standards, and all applicable consumer protection laws. Partner must clearly and conspicuously disclose Partner’s relationship with the Company and any compensation received when promoting its products. Failure to comply with these requirements may result in immediate termination from the Program.
Section 24. Compliance with Laws.
Partner agrees to comply with all applicable federal, state, and local laws and regulations in connection with Partner’s participation in the Program. This includes, without limitation, advertising laws, consumer protection laws, privacy laws, and tax laws. Partner agrees that it is solely responsible for ensuring Partner’s compliance with all applicable legal requirements.
Section 25. Force Majeure.
The Company shall not be liable for any failure or delay in performance under these terms that is due to causes beyond the Company’s reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, government actions, labor disputes, pandemics, or technical failures. During such events, the Company may suspend Program operations without liability.
Section 26. No Employment, Agency, or Partnership Relationship.
Partner’s participation in the Program does not create any employment, agency, or partnership relationship between Partner and STRETCH YOUR STORY. Partner is not authorized to bind or represent the Company in any capacity, and Partner acknowledges that Partner is participating as an independent contractor, not as an employee of the Company.
Section 27. Privacy.
Partner’s participation in the Program is subject to the Company’s Privacy Policy, which is incorporated by reference as if fully set forth herein, and available at the following webpage: <https://www.stretchyourstory.com/policies/privacy-policy>
Section 28. Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING FROM PARTNER’S PARTICIPATION IN THE PROGRAM, REGARDLESS OF THE THEORY OF LIABILITY AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Section 29. Disclaimer of Warranties.
THE PROGRAM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Section 30. Governing Law and Dispute Resolution.
These terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflict of law principles. Any disputes arising from or relating to these terms shall be resolved exclusively in the state or federal courts located in New York, New York, and Partner consents to the personal jurisdiction of such courts.
Section 31. Severability.
If any provision of these terms is deemed invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
Section 32. Entire Agreement.
This Agreement constitutes the entire agreement between the Company and Partner regarding the Program and supersedes all prior or contemporaneous communications and proposals. In the event of a conflict between this Agreement, Company’s Brand Guidelines (if there is an applicable one), Professional Partner Discount Terms and Conditions, or Company’s Privacy Policy, the terms of this Agreement shall control.
Section 33. Assignment.
Partner may not assign or transfer Partner’s rights or obligations under these terms without the Company’s prior written consent. The Company may assign these terms at any time without notice.
Section 34. Waiver.
No waiver of any provision of these terms shall be deemed a further or continuing waiver of such provision or any other provision.
Section 35. Survival.
The following provisions shall survive the termination or expiration of Partner's participation in the Program: Content Rights (Section 12), Publicity Rights (Section 13), Intellectual Property Representations and Warranties (Section 14), Indemnification (Section 15), Account Security and Responsibilities (Section 20), Limitation of Liability (Section 28), Disclaimer of Warranties (Section 29), Governing Law and Dispute Resolution (Section 30), Severability (Section 31), and any other provision that by its nature is intended to survive termination. This survival clause shall apply regardless of any renumbering, restructuring, or amendment of this Agreement.
Section 36. Contact Information.
For questions regarding this Agreement or the Program, or to comply with any notice requirements in this Agreement, please contact the Company at: <contact@stretchyourstory.com>
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