Web Affiliate Agreement and W-9 Form

There are two prerequisites that are required before your web affiliate account will become active. First you will need to print and fax or mail the IRS Form W-9 to the address below and secondly you will need to review and agree to the agreement shown at the bottom of this page.

Below is the link to the required IRS Form W-9 as a PDF file that you will need to download, fill out and send to HeartMath before your affiliate account will be active.
Download the IRS Form W-9 here.

Please fax the completed form to (831) 338-9861 or mail to the following address:

HeartMath
Attn: Accounting
14700 West Park Ave.
Boulder Creek, CA
95006

Please carefully review the following agreement below:
E-Commerce Affiliate Program Agreement This Agreement is between HeartMath, LLC, a California limited liability company ("HM"), located at 14700 West Park Avenue, Boulder Creek California and a Website Publishing company (referred to as "Affiliate"), for the purpose of clarifying the terms and conditions of HeartMath's E-Commerce Affiliate Program. A HeartMath Affiliate Program Manager my be contacted via email at Affiliate Manager@HeartMath.com at any time for questions or comments. HeartMath (HM) will provide Affiliate with a URL to put on its World Wide Web site ("Web site") that accomplishes the following when clicked on by Affiliate's Web site visitor or customer: 1. Places a cookie on customer's computer that is valid for three hundred sixty five days that includes Affiliate code. Any orders placed via HM's Web order form during the three hundred sixty five day period will be annotated with Affiliate's code for referral fee tracking. 2. Points to a particular page on HM's Web site, as determined by the Heartmath Affiliate Program Manager. 3. Sets the email address that Affiliate has selected, to which an email notification with the amount of the order will be automatically sent by the shopping cart service when a customer's order is submitted. Order Processing and Fulfillment * HM will process product orders placed by customers and will be responsible for all aspects of order processing and fulfillment. Among other things, we will process orders, payments, cancellations, and returns, and handle customer service. HM will track sales made to Affiliate's customers who purchase products. The customers who buy from HM are deemed to be HM customers. HM may change policies, procedures, prices, etc. HM does not guarantee the availability of products. Copyright, Trademarks, and Proprietary Information * Affiliate understands and agrees that all copyrights and trademarks relating to HeartMath seminars and products, including the terms HeartMath®, Freeze-Frame®, Freeze-Framer™ , emWave ™, Personal Stress Reliever ™ and other trademarked terms, are not to be copied, reproduced or used in any fashion without the prior written consent of HeartMath. For any consent given to use intellectual property, Affiliate agrees to give proper attribution on its Web site for the permitted use. Promotional Materials * Affiliate's Web pages for product promotion must be approved by the HeartMath Affiliate Program a Manager prior to use on Affiliate's Web site. For use of a link to HM's Web site in email or direct mail solicitations, HM's AE must approve the copy prior to mailing. Affiliate may not include the provided URL in any email promotions that would be considered "spam." HM will provide access to graphical artwork and content deemed appropriate for Affiliate's use as stated in this Agreement. Affiliate is responsible for style and placement of any items provided by HM. Referral fees * HM agrees to pay a 15% referral fee on Web product orders placed using Affiliate's code. In calculating the fee, HM will deduct previously paid fees from the next payment if a product that generated a previously paid fee is returned by the customer. If no next payment is due Affiliate, then Affiliate will be invoiced for the returned product referral fee previously paid. Referral fees will be paid on the 20th of each month based on prior month sales. Only orders placed via the HM Web shopping cart will be eligible for referral fees, after the order has been paid and shipped. Affiliate is not paid a referral fee for follow-up visits or re-entry to HM's site, unless order is placed through a direct link from Affiliate's code. Term * This Agreement begins when you click the "I have read and agree to the above terms and would like to register" section of the "HeartMath Web Affiliate agreement and W-9 Form" web page found at http://heartmath.com or at http://emwave/com and will continue until terminated by either party. The Agreement may be executed in counterparts. Termination * This Agreement may be terminated without cause by either party with 7 days written notice. Referral fees will be honored up to the date of termination; however, all or part of the last amount due may be withheld for up to 60 days to provide for returns. Upon termination, Affiliate will immediately remove all links and cease all promotional activity related to HM products. * HM reserves the right to immediately terminate this Agreement for actions on Affiliate's Web site or promotions that are not considered by HM to be in "good faith", such as illegal activities, sexually explicit content, violation of intellectual property rights, spam, Iframes, hidden frames, redirects, modifications of the URL provided to affiliate, etc. Responsibilities, Warranties, Liabilities * Affiliate is an independent contractor. Affiliate is solely responsible for the development, operation and maintenance of its Web site. HM has no liability for Affiliate's Web site or any claims against it. HM is not liable for any indirect, special or consequential damages arising in connection with this Agreement and in any case, HM's liability is not to be greater than the referral fees payable under this Agreement. * HM makes no warranties or representations about this Agreement, including no representation that the operation or our site will be uninterrupted or error free. HM is not liable for consequences of interruptions or errors. Affiliate may not issue press releases about its relationship with HM without written approval. * Affiliate understands and agrees that by placing a link to HM's Web site, HM receives information from or about visitors. All visitor information is used only as consistent with HM's privacy policies and statements on HM's Web site. *Affiliate agrees not to modify the URL provided to them without written permission from HeartMath LLC. Medical Disclaimer * Affiliate agrees to abide by HM's medical disclaimer policy as follows and in no case shall Affiliate make any statements either written or verbally which contradict this statement: HM's Patented technology products are educational systems to help individuals develop and practice new emotional awareness and self-management skills, which can result in increased physiological coherence. They are not classified as medical devices and should not be used for medical diagnostic purposes. However, these products do capture accurate, real-time heart rhythm and heart rhythm coherence information from which one can learn how emotions affect heart rhythms and autonomic nervous system dynamics. Miscellaneous * This Agreement is governed by California law and the parties agree to settle any disputes by binding arbitration. The Agreement inures to the benefit of successors and assigns, but Affiliate may not assign the Agreement without written permission of HM. Failure by HM to enforce any provision is not a waiver of any other provision of this Agreement. If the above is agreeable, please click the "I have read and agreed to the terms above and would like to register" button found on this website and fill-out the attached W-9 form and fax it back ASAP at (831) 338-9861. Upon receipt of the signed contract and W-9 form your account will be activated within 5 working days and the URL sent to you.