Katalyst Interactive Inc. Affiliate Program Terms & Conditions

As an Affiliate (an “Affiliate”), you are subject to the Katalyst Interactive Inc. (“Katalyst”) Terms of Use and Katalyst Privacy Policy (both available on our website), as well as the following additional Terms & Conditions for the Katalyst Affiliate program:

• Qualified Purchase. A “Qualified Purchase” is defined as a purchase made at www.katalyst.fit by a person (a “Referred Customer”) who arrives at our website by clicking your Affiliate program link. An Affiliate may not post any affiliate links directly on Katalyst’s social media page(s) without written permission from an authorized Katalyst representative. An Affiliate may not post or distribute affiliate links for any commercial purpose or otherwise publicize for use by the general public or on sites where you are not the primary owner and operator. Katalyst reserves the right to refuse to honor affiliate codes and/or terminate your eligibility for this program if Katalyst suspects abuse (such as posting your affiliate link to deal or coupon aggregator sites, review sites, or video). Any Affiliates found to have done so will not be rewarded for the order conversion and may have their affiliate links deactivated.

• Referred Customer. The Referred Customer and the Affiliate cannot be the same person (for example, by using a different email address).

• Affiliate Rewards. For you to earn Affiliate Rewards, the Referred Customer must complete an order for a Katalyst Training System (“Katalyst Training System”). Affiliate Rewards are based on the value of the Katalyst Training System minus all fees including taxes, discounts, shipping, returns, chargebacks, fraudulent payments, and/or other 3rd party fees.

• Reward Payments. Reward Payments are PayPal Payouts made to you by Katalyst  (“Affiliate Rewards”) at a commission rate of 8% per Qualified Purchase. Rewards will be paid out 30 days after the Qualified Purchase was made. As an Affiliate, you are responsible for any and all tax liability resulting from Affiliate Rewards.

• Eligibility. Eligibility is limited to individuals only. The Katalyst Affiliate program cannot be used by businesses for affiliate lead generation without the express written consent of Katalyst, and determined in our sole discretion.

• No Spam. You must comply with all up-to-date “SPAM” laws. For example, emails must be created and distributed in a personal manner and bulk email distribution is strongly discouraged. Any distribution of your affiliate link that could constitute unsolicited commercial email or “spam” under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of your account and exclusion from the Katalyst Affiliate program.

• Restrictions.  Affiliate shall (a) avoid deceptive, misleading or unethical practices that are or might be detrimental to Katalyst, its customers, or the public; and (b) make no express or implied representations, warranties, or guarantees with regards to the Katalyst Training System or any Katalyst product or service.

• Right to Close Accounts. Katalyst reserves the right to close the account(s) of any Affiliate and/or Referred Customer and to request proper payment if the Affiliate and/or Referred Customer attempts to use the Affiliate program in a questionable manner or breaches any of these Terms & Conditions or is in violation of any law, statute or governmental regulation.

• Right to Cancel Program or Change Terms. Katalyst reserves the right to cancel the Affiliate Program or to change these Terms & Conditions at any time in its sole discretion. Any unclaimed Affiliate or Referral Rewards will be forfeited at that time.

• Indemnification.  Affiliate at its own expense will defend, indemnify and hold harmless Katalyst, its affiliates, successors, assigns, members, shareholders, officers, directors, and agents against all liabilities, obligations, losses, damages, fines, judgments, settlements, charges, interest, expenses (including reasonable attorney fees) resulting from claims, demands, suits, actions, or proceedings arising out of or related to: (a) any warranties or guarantees offered by Affiliate regarding Katalyst’s goods or services; (b) Affiliate’s infringement of any third party intellectual property right, or (c) Affiliate’s violation of applicable law. 

• Limitation of Liability.  Except for claims against Affiliate arising out of or related to Affiliate’s misappropriation of Katalyst’s intellectual property rights, neither party will be liable for any indirect, punitive, special, incidental, or consequential damages even if that party has previously been advised of or could reasonably have foreseen the possibility of such damages.

PRIVACY POLICY

Last Modified: July 1st, 2020

Katalyst Inc. (“we,” “our,” or “us”) values the privacy of individuals who use our websites, including katalyst.fit, and any of our other websites, applications, or services that link to this Privacy Policy (collectively, our “Services”). This Privacy Policy explains how we collect, use, and share personal information from users and other individuals of our Services (collectively, “you” or “your”). By using our Services, you agree that we will collect, use, and share your personal information as described in this Privacy Policy. Beyond this Privacy Policy, your use of our Services is also subject to our Terms of Service.

How We Collect Personal Information

We may collect a variety of personal information from or about you or your devices from various sources, as described below. If you do not provide your personal information when requested, you may not be able to use our Services if that personal information is necessary to provide you with our Services or if we are legally required to collect it.

A. Personal Information You Provide to Us.

Registration Information

When you sign up for an account to use our Services, we will ask you for your personal information, including your first and last name, email address, phone number, username, and password.

Information Provided by your use of the Services and EMS Suit

Once you begin using the Katalyst Training System, we may collect additional personal information about you, including your weight, height, date-of-birth, gender, fitness profile (including your fitness goals and activity levels), and information about your workouts provided to us by your EMS suit.

Purchases

When you purchase products or Services from us, we will collect personal information from you including your name, email address, mailing address, phone number, and sizing and body information such as your size, height, weight, and age. Your credit card information, billing information, or any other financial information necessary to complete your purchase (“Payment Information”) is processed by our third-party payment processors, and we do not collect, store, or process your Payment Information. For more information, please see the “Payment Processors” section below.

Communications

If you contact us directly, we may receive additional personal information about you. For example, when you contact us for support, we will receive your [first and last name, email address, and the contents of your communication]. If you subscribe to our marketing communications, we will collect personal information from you such as your [name and email address]. When we send you emails, we may [track whether you open them to learn how to deliver a better customer experience and improve our Services].

Careers

If you decide to apply for a job with us, you may submit your contact information and your resume online. We will collect the personal information you choose to provide on your resume, such as your education and employment experience. You may also apply through certain third-party websites. If you do so, we will collect the personal information you make available to us through those websites.

B. Personal information We Collect When You Use our Services.

Location Information

When you use our Services, if you allow us, we may collect location-based information including your Internet Protocol (IP) address, city, region, and country. We use location-based information to enhance your user experience, provide you with information on workout trends in your region, and to better understand where and how you and others are using our Services.

Device Information

We receive information about the device and software you use to access our Services, including your IP address, web browser type, operating system version, phone carrier and manufacturer, application installations, device identifiers, geolocation information, mobile advertising or similar identifiers, and push notification tokens.

Usage Information

To help us understand how you use our Services and to help us improve them, we automatically receive information about your interactions with them, such as [the pages or other content you view, the content you post, the information you upload, the searches you conduct, the length of time you spend on a page, objects such as hyperlinks you click on, and the dates and times of your visits].

Information from Cookies and Similar Technologies

We and our third-party partners may collect information using cookies, pixel tags, or similar technologies. Our third-party partners, such as analytics and advertising partners, may use these technologies to collect information about your online activities over time and across different services. Cookies are small text files containing a string of alphanumeric characters. We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to our Services. Please review your web browser’s “Help” file to learn the proper way to modify your cookie settings. Please note that if you delete or choose not to accept cookies from the Service, you may not be able to utilize the features of the Service to their fullest potential.

C. Personal Information We Receive from Third Parties.

We may receive personal information about you from third parties such as data, marketing, financing, or retail partners and combine it with other personal information we have about you.

D. Payment Processors.

When you make a purchase through our Services, your payment is processed by a third-party service such as [the App Store] or, in the case of purchases made through our website, a third-party payment processor such as [Shopify and Google Pay]. These third parties may collect personal information from you, including your [name, email address, shipping information, and Payment Information] in connection with your purchase. If you decide to use any of our financing options, you will be asked to provide [your personal information, which may include Payment Information, to our financing partners]. The use of your personal information by these third parties is governed by their terms and conditions and privacy policies, and personal information we receive about you from these third parties is governed by this Privacy Policy.

How We Use the Personal Information We Collect

We use the personal information we collect:

• To provide the Services and products;
• To understand and analyze how you use our Services and develop new products, services, features, and functionality;
• To communicate with you, provide you with updates and other information relating to our Services, provide information that you request, respond to comments and questions, and otherwise provide customer support;
• To facilitate the connection of third-party services or applications;
• For marketing and advertising purposes, such as developing and providing promotional and advertising materials that may be relevant, valuable, or otherwise of interest to you;
• To facilitate transactions or payments;
• To generate de-identified or aggregated data for our business purposes;
• To send you push notifications and text messages;
• To find and prevent fraud, and respond to trust and safety issues that may arise;
• For compliance purposes, including enforcing our Terms of Service or other legal rights, as may be required by applicable laws and regulations, or as requested by any judicial process or governmental agency; and
• For other purposes for which we provide specific notice at the time the personal information is collected.

How We Share the Personal Information We Collect

We do not share or otherwise disclose your personal information except as described below or otherwise disclosed to you at the time of the collection.

Affiliates

We may share any personal information we receive with our affiliates for any of the purposes described in this Privacy Policy.

Vendors and Service Providers

We may share personal information we receive with vendors and service providers retained in connection with the provision of our Services.

Marketing

We do not rent, sell, or share personal information about you with nonaffiliated companies for their direct marketing purposes unless we have your permission.

Marketing Partners

We may share your personal information with our marketing partners such as HubSpot to manage and send emails to you on our behalf.

Analytics Partners

We may use analytics services such as [Mixpanel, Google Analytics, and Firebase] to collect and process certain analytics data. These services may also collect information about your use of other websites, apps, and online resources.

Advertising Partners

We work with third party advertising partners to show you ads that we think may interest you. Some of our advertising partners are members of the Network Advertising Initiative (http://optout.networkadvertising.org/?c=1#!/) or the Digital Advertising Alliance (http://optout.aboutads.info/?c=2&lang=EN). If you do not wish to receive personalized ads, please visit their opt-out pages to learn about how you may opt out of receiving web-based personalized ads from member companies. You can access any settings offered by your mobile operating system to limit ad tracking, or you can install the AppChoices mobile app to learn more about how you may opt out of personalized ads in mobile apps.

As Required by Law and Similar Disclosures

We may access, preserve, and disclose your personal information if we believe doing so is required or appropriate to: (a) comply with law enforcement requests and legal process, such as a court order or subpoena; (b) respond to your requests; or (c) protect your, our, or others’ rights, property, or safety. For the avoidance of doubt, the disclosure of your personal information may occur if you send any objectionable content on or through our Services.

Merger, Sale, or Other Asset Transfers

We may transfer your personal information to service providers, advisors, potential transactional partners, or other third parties in connection with the consideration, negotiation, or completion of a corporate transaction in which we are acquired by or merged with another company or we sell, liquidate, or transfer all or a portion of our assets.

Consent. We may also disclose your personal information with your permission.

Your Choices

Location Information

You can prevent your device from sharing precise location information at any time through your device’s operating system settings. However, location is core to our Services and without it, we may not be able to provide with all the functionality our Services.

Marketing Communications

You can unsubscribe from our promotional emails via the link provided in the emails. Even if you opt-out of receiving promotional messages from us, you will continue to receive administrative messages from us.

Do Not Track

There is no accepted standard on how to respond to Do Not Track signals, and we do not respond to such signals.

Third Parties

Our Services may contain links to other websites, products, or services that we do not own or operate. We are not responsible for the privacy practices of these third parties. Please be aware that this Privacy Policy does not apply to your activities on these third-party services or any information you disclose to these third parties. We encourage you to read their privacy policies before providing any information to them.

Security

We make reasonable efforts to protect your personal information by using physical and electronic safeguards designed to improve the security of the personal information we maintain. However, as no electronic transmission or storage of personal information can be entirely secure, we can make no guarantees as to the security or privacy of your personal information.

Children’s Privacy

We do not knowingly collect, maintain, or use personal information from children under 13 years of age, and no part of our Services are directed to children. If you learn that a child has provided us with personal information in violation of this Privacy Policy, you may alert us at support@katalyst.fit.

International Visitors

Our Services are hosted in the United States and intended for visitors located within the United States. If you choose to use our Services from the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your personal information outside of those regions to the United States for storage and processing. Also, we may transfer your data from the U.S. to other countries or regions in connection with storage and processing of data, fulfilling your requests, and operating the Services. By providing any information, including personal information, on or to our Services, you consent to such transfer, storage, and processing.

Update Your Information or Pose a Question

You can update your account and profile information through your profile settings. If you have questions about your privacy on our Services or this privacy policy, please contact us at support@katalyst.fit.

Changes to this Privacy Policy

We will post any adjustments to the Privacy Policy on this page, and the revised version will be effective when it is posted. If we materially change the ways in which we use or share personal information previously collected from you through our Services, we will attempt to notify you through our Services, by email, or other means.