The ZEN DAD Method - DAD HERO Program Terms of Use Agreement

1. Introduction

The ZEN DAD Method (owned by ZEN DAD) welcomes you to our Affiliate program and platform (“Service”). ZEN DAD Members can access our Service via our website https://zendadmethod.com (“Site”) and use the services according to their membership level (each referred to as a “Member”). In this Terms of Use Agreement, The ZEN DAD company is referred to as “ZEN DAD,” “us,” “we,” or “our.” By accessing or using our Site, you (the “User” or a Member) acknowledge that you have read, understand, and agree to be bound by this Terms of Use Agreement (“Terms of Use” or “Agreement”). We reserve the right to change, modify, add, or delete portions of these Terms of Use at any time without notice by posting the changes to these Terms of Use on this page. The date of the last revision will be listed at the top of this page. Your continued use of the Service or Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Service or Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED. THIS INTRODUCTION IS FULLY INCORPORATED IN THIS AGREEMENT BY THIS REFERENCE.

2. Eligibility

Membership in the Service is void where prohibited. This Site is intended solely for users who are eighteen (18) years of age or older. Any registration by, use of, or access to the Site by anyone under 18 is unauthorized, unlicensed, and in violation of these Terms of Use. By using the Service or Site, you represent and warrant that you are 18 or older, and that you agree to and abide by all of the terms and conditions of this Agreement. To participate in the DAD Hero Program - Affiliate Program, affiliates must be at least 18 years old and comply with all applicable laws and regulations. The program is open to individuals and entities with a strong interest in promoting The ZEN DAD Method.

3. Registration Data; Account Security

In consideration of your use of the Site, you agree to (a) provide accurate, current, and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data and any other information you provide to ZEN DAD, to keep it accurate, current, and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.

4. Proprietary Rights in Site Content; Limited License

All content on the Site and available through the Service, including designs, text, graphics, pictures, video, information, applications, software, music, sound, and other files, and their selection and arrangement (the “Site Content”), are the proprietary property of ZEN DAD, its users, or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without ZEN DAD’s prior written permission, except that the foregoing does not apply to User Content (as defined below) that you legally post on the Site or that you are authorized to use (only to the extent you are authorized to use) by other members. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet, or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms of Use and does not include the use of any data mining, robots, or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of ZEN DAD, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable at any time without notice and with or without cause.

5. Trademarks

All ZEN DAD graphics, logos, designs, trademarks, service marks, service names, and trade dress are the sole property of ZEN DAD and may be subject to state and/or federal U.S. protection and that of other countries. ZEN DAD’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of ZEN DAD.

6. User Conduct

You understand that except for as expressly provided in your service agreement with us, the Service and Site may not be used by you for commercial purposes. You represent, warrant, and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights; or contain libellous, defamatory, or otherwise unlawful material.

In addition, you agree not to use the Service or Site to:

- Harvest or collect email addresses or other contact information of other users from the Service or Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications.

- Use the Service or Site in any unlawful manner or in any other manner that could damage, disable, overburden, or impair the Site.

- Use automated scripts to collect information from or otherwise interact with the Service or Site.

- Upload, post, transmit, share, store, or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically, or otherwise objectionable.

- Upload, post, transmit, share, store, or otherwise make available any videos other than those that are to be used expressly pursuant to and compliant with your service agreement with us.

- Register for a User account on behalf of an individual other than yourself or register any group or entity unless you are expressly authorized to do so.

- Impersonate any person or entity or falsely state or otherwise misrepresent yourself, your age, or your affiliation with any person or entity.

- Upload, post, transmit, share, or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other illegal or unethical form of solicitation.

- Upload, post, transmit, share, store, or otherwise make available any private information of any third party, including addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers.

- Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes.

- Upload, post, transmit, share, store, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.

- Intimidate or harass another.

- Upload, post, transmit, share, store, or otherwise make available content that would constitute, encourage or provide instructions for a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law.

- Use or attempt to use another’s account, service, or system without authorization from ZEN DAD or create a false identity on the Service or Site.

- Upload, post, transmit, share, store, or otherwise make available content that, in the sole judgment of ZEN DAD, is objectionable or which restricts or inhibits any other person from using or enjoying the Site or which may expose ZEN DAD or its users to any harm or liability of any type.

Without limiting any of the foregoing, you also agree to abide by our ZEN DAD Code of Conduct that provides further information regarding the authorized conduct of users on the Site.

6.1 Affiliate Consultation: Prospective affiliates have a consultation meeting to determine the strategy and eligibility of the affiliate. The ZEN DAD Method reserves the right to accept or reject applications at its discretion.

6.2 Commission Structure: Affiliates will receive a base commission rate of 10% of the total price for each sale of the individual products or the full ZEN DAD Method package. Additional commission increases can be earned by completing specific steps, as outlined in the program details. The maximum commission rate achievable is 25% of the total price.

6.3 Commission Payouts: Commissions will be paid out after a 30-day period from the purchase date to account for potential refunds or cancellations. Payouts will be made via the chosen payment method specified by the affiliate in their profile.

6.4 Refunds and Chargebacks: If a customer requests a refund or a chargeback is initiated, the affiliate will not receive a commission for that specific sale.

6.5 Cookie Duration: Affiliate links will have a cookie duration of six months. If a customer clicks on an affiliate's link and makes a purchase within six months, the sale will be attributed to the respective affiliate.

6.6 Promotional Guidelines: Affiliates are encouraged to promote The ZEN DAD Method using

ethical and honest marketing practices

. They should avoid any misleading or deceptive promotion that may harm the reputation of The ZEN DAD Method or violate any laws or regulations.

6.7 Intellectual Property: Affiliates are granted a limited, non-exclusive, and non-transferable right to use approved promotional materials provided by The ZEN DAD Method strictly for promoting the program. Affiliates may not modify or distribute these materials without prior written consent.

6.8 Termination: The ZEN DAD Method reserves the right to terminate an affiliate's participation in the program at any time, for any reason, including but not limited to violations of these terms and conditions or improper conduct that may harm the program or brand reputation.

6.9. Modification of Terms: The ZEN DAD Method reserves the right to modify these terms and conditions at any time, with or without prior notice. Affiliates will be notified of any changes, and continued participation in the program after such modifications constitutes acceptance of the updated terms.

6.10 Disclaimer: The ZEN DAD Method makes no guarantees regarding affiliate earnings or the success of promotional efforts. Affiliates are solely responsible for their marketing activities and results.

6.11 Governing Law: These terms and conditions shall be governed by and construed in accordance with the laws of Ontario, Canada.

7. User Content Posted on the Site

You are solely responsible for the profiles, messages, notes, text, information, advertisements, listings, and other content that you upload, publish, or display (hereinafter, “post”) on or through the services or the Site, or transmit to or share with other Members (collectively the “Member Content”). You may not post, transmit, or share Member Content on the Site or Service that you did not create or that you do not have permission to post. You understand and agree that ZEN DAD may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or Member Content in its sole discretion, for any reason or no reason, including Member Content that in the sole judgment of ZEN DAD violates this Agreement or any other agreement that governs your use of the Service or Site or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any Member Content you post or store on the Site or provide to ZEN DAD.

When you post Member Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the Member Content on the Site. By posting Member Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to ZEN DAD revocable, non-exclusive, transferable, fully paid, worldwide license to use, copy, publicly perform, publicly display, reformat, translate, and distribute such Member Content for the purposes of performing ZEN DAD’s services, the Service and Site. You may revoke the foregoing license and remove your Member Content from the Site at any time. If you choose to remove your Member Content, the license granted above will automatically expire; however, you acknowledge that ZEN DAD may retain archived copies of your Member Content. ZEN DAD does not assert any ownership over your Member Content; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your Member Content and any intellectual property rights or other proprietary rights associated with your Member Content.

8. Copyright Complaints

We respect the intellectual property rights of others and we prohibit users from uploading, posting, or otherwise transmitting on the Site or service any materials that violate another party’s intellectual property rights. When we receive written notification of alleged copyright infringement, we promptly remove or disable access to the allegedly infringing material in accordance with the Digital Millennium Copyright Act. ZEN DAD may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that any material on the Site and/or through the Service infringes upon any copyright which you own or control, you may send a written notification of such infringement to:

[email protected]

9. Third-Party Websites and Content

The Service or Site may contain, or you may receive, links to other websites (“Third-Party Sites”) as well as information, applications, software, and other content or items belonging to or originating from third parties (the “Third-Party Applications, Software, or Content”). Such Third-Party Sites and Third-Party Applications, Software, or Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Sites accessed through the Site or any Third-Party Applications, Software, or Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Sites or the Third-Party Applications, Software, or Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Site or any Third-Party Applications, Software, or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Sites or to use or install any Third-Party Applications, Software, or Content, you do so at your own risk, and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.

10. Terms of Sale

Whenever services are available for purchase from ZEN DAD, the services shall include specific terms, conditions, and policies applicable to your purchase of services from ZEN DAD (“Terms of Sale”). By ordering services from ZEN DAD through the Site, you agree to be bound by and accept the applicable Terms of Sale. The Terms of Sale are subject to change without prior notice at any time, in ZEN DAD’s sole discretion so you should review the Terms of Sale each time you make a purchase.

11. User Disputes

You are solely responsible for your interactions with other Members. We reserve the right, but have no obligation, to monitor disputes between you and other Members.

12. Privacy

Please review and print out our Member Privacy Policy. By using the Site or Service you are consenting to have your personal data transferred to and processed in the United States and Canada. Our Member Privacy Policy is subject to change so you are encouraged to review periodically.

13. Disclaimers

ZEN DAD is not responsible or liable in any manner for any Member Content or Third-Party Applications, Software, or Content posted on the Site or in connection with the Service, whether posted or caused by Members, ZEN DAD, by third parties or by any of the equipment or programming associated with or utilized in the Site, Service. Although we provide rules for Member conduct and postings, we do not control and are not responsible for what Members post, transmit or share on the Service and are not responsible for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content you may encounter on the Service or in connection with any Member Content or Third-Party Applications, Software, or Content. ZEN DAD is not responsible for the conduct, whether online or offline, of any Member of the Site or Service.

The Site and Service may be temporarily unavailable from time to time for maintenance or other reasons. ZEN DAD assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or unauthorized access to, or alteration of, Member communications or use of the Service. ZEN DAD is not responsible for any technical malfunction or other problems of any telephone network or the Site, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email on account of technical problems or traffic congestion on the Internet or on the Site or combination thereof, including injury or damage to User’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service, including any Mobile Client software. Under no circumstances will ZEN DAD be responsible for any loss or damage, including any loss or damage to any Member Content or personal injury or death, resulting from anyone’s use of the Site, Service, any Member Content or Third-Party Applications, Software, or Content posted on or through the Site, and Service or transmitted to Users, or any interactions between users of the Site, whether online or offline.

THE SITE, THE SERVICE, ANY PLATFORM APPLICATIONS AND THE SITE CONTENT ARE PROVIDED “AS-IS” AND ZEN DAD DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ZEN DAD CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE AND/OR ANY PLATFORM APPLICATIONS. COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE, THE SERVICE OR ANY PLATFORM APPLICATIONS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICE ITS SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE (INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH THE SERVICE AND ANY PLATFORM APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.

ZEN DAD reserves the right to change any and all content, software and other items used or contained in the Site, Directory and any Platform Applications offered by ZEN DAD at any time without notice.

14. Limitation on Liability

IN NO EVENT WILL ZEN DAD OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF ZEN DAD IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ZEN DAD’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL ZEN DAD’S LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.

15. Termination

ZEN DAD may terminate your membership, delete your profile and any content or information that you have posted on the Site or through the Service and/or prohibit you from using or accessing the Service or Site (or any portion, aspect or feature of the Service or Site) for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are under 18.

16. Governing Law; Venue and Jurisdiction

By visiting or using the Site and/or the Service, you agree that the laws of the Province of Ontario (Canada), except for its conflict of law provisions governs your visit, use and this Agreement. Each party may apply to the provincial courts in Ontario, Canada, and, to the extent, for injunctive relief until such time as an award is rendered or the dispute is otherwise resolved, and the Parties agree that those courts (in accordance with the “Arbitration” provision below) shall be the exclusive for any such actions related to this Agreement. Both parties consent to such venue and jurisdiction. A party that primarily prevails in an action brought under this Agreement is entitled to recover from the other party its reasonable attorneys’ fees and costs. This Site is controlled and operated from within Canada. Impact makes no representation that the Site is appropriate or available in locations outside Canada. Those who choose to access the Site from other locations do so at their own risk and are responsible for compliance with applicable laws.

17. Arbitration

The Parties will attempt in good faith to resolve through negotiation any dispute, claim, or controversy arising out of or relating to this Agreement or breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this section (“Dispute”). If the Dispute is not resolved through verbal and written communications, the matter will be submitted to the provincial courts in Ontario, Canada, for arbitration. Any Dispute submitted to arbitration shall be determined by arbitration in provincial courts in Ontario, Canada, before a sole arbitrator, in accordance with the laws of the provincial courts in Ontario, Canada, for agreements made in and to be performed in that Province. The language of the arbitration shall be English. Except with respect to a party’s indemnification obligations, the arbitrator will have no authority to award punitive damages or any other damages not measured by the prevailing party’s actual damages, and may not, in any event, make any ruling, finding or award that does not conform to the terms and conditions of this Agreement. Judgment on the arbitration award (“Award”) may be entered in any court having jurisdiction. The arbitrator shall, in the Award, allocate all of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys’ fees of the party that primarily prevails, against the party that did not primarily prevail.

18. Indemnity

You agree to indemnify and hold Impact, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with any Member Content, any Third Party Applications, Software or Content you post or share on or through the Site (including through the “Share” features), your use of the Service or Site, your conduct in connection with the Service or Site or with other users of the Service or Site, or any violation of this Agreement or of any law or the rights of any third party.

19. Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or Service (“Submissions”), provided by you to Impact are non-confidential and shall become the sole property of Impact. Impact shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

20. Definitions and Constructions

Unless otherwise specified, the terms “includes”, “including”, “e.g.,”, “for example”, and other similar terms are deemed to include the term “without limitation” immediately thereafter. Terms used in these Terms with the initial letter(s) capitalized will have the meaning attributed to them in these Terms.

21. General

If you are registering on the Site as a business entity, you represent that you have the authority to bind the entity to this Agreement. ZEN DAD may assign any of its rights or obligations under the Terms to another party without notice or consent for any reason. You and ZEN DAD are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms.

22. Other

These Member Terms of Use, as amended from time to time, constitute the entire agreement between you and ZEN DAD regarding the use of the Site and/or the Service, superseding any prior agreements between you and ZEN DAD relating to your use of the Site or Service. The failure of ZEN DAD to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. We reserve the right, at its discretion, to modify these Terms at any time. Changes to these Terms will be posted on the Website or sent to you via email. All changes are effective upon posting to the Website. Your continued use of the Website following a posting of changes is your agreement to the changes and you are bound by the then-current version of these Terms. If any changes to these Terms are unacceptable to you, you must discontinue use of the Site and Service. ZEN DAD reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Site, including for any violation of any provision of these Terms. ZEN DAD also reserves the right to change the Site without notice to you, at any time.