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THE EMBODY LAB

Affiliate Program Terms of Service

Effective Date: February 23, 2026

These Affiliate Program Terms of Service ("Agreement") constitute a legally binding contract between The Embody Lab, LLC ("The Embody Lab," "Company," "we," or "us") and you, the individual or entity applying to or participating in The Embody Lab Affiliate Program ("Affiliate," "you," or "your"). By submitting an application, accepting an invitation, or otherwise participating in the Affiliate Program, you agree to be bound by the terms and conditions set forth herein.

1. Program Overview

The Embody Lab Affiliate Program ("Program") enables approved third parties to earn commissions by referring customers to The Embody Lab's certificate programs, continuing education courses, memberships, events, and other educational offerings (collectively, "Products"). Participation in the Program is subject to approval by The Embody Lab in its sole discretion.

2. Enrollment and Eligibility

To participate in the Program, you must:

• Submit a complete and accurate application through The Embody Lab's designated affiliate portal;

• Be at least 18 years of age or the age of majority in your jurisdiction;

• Have a valid and active website, email list, social media presence, or other promotional platform reasonably relevant to mental health, trauma-informed care, professional development, or related fields;

• Comply with all applicable federal, state, and local laws and regulations, including those governing advertising, endorsements, and data privacy;

• Not be a direct competitor of The Embody Lab in the professional trauma therapy education space.

The Embody Lab reserves the right to reject any application or terminate any Affiliate's participation at any time for any reason, including without limitation if the Affiliate's platform, audience, or promotional methods are deemed inconsistent with The Embody Lab's values or brand standards.

3. Commission Structure and Payments

3.1 Commission Rates

Commission rates vary by program and are specified in your individual Affiliate Program agreement, dashboard, or promotional materials provided by The Embody Lab. Commission rates may be structured as:

• A flat percentage of the net sale price;

• A tiered percentage based on referral volume within a measurement period;

• A fixed dollar amount per qualifying sale;

• Other structures as communicated in writing by The Embody Lab.

The applicable commission structure for each Product will be clearly communicated prior to your promotion of that Product. The Embody Lab reserves the right to modify commission rates upon thirty (30) days' written notice to active Affiliates. Continued participation in the Program following such notice constitutes acceptance of the revised rates.

3.2 Qualifying Referrals

A "Qualifying Referral" is a transaction that meets all of the following criteria:

• The customer was directed to The Embody Lab's website via your unique affiliate tracking link;

• The customer completed a purchase of a Product within the applicable tracking window;

• The transaction was not cancelled, refunded, or charged back within the applicable clawback period (see Section 3.4);

• The transaction does not involve the Affiliate purchasing for themselves, friends, or family for the purpose of generating commissions;

• The transaction was not generated through prohibited promotional methods (see Section 5).

3.3 Payment Schedule

Commissions on Qualifying Referrals are calculated and paid on a quarterly basis. Payments will be issued within thirty (30) days following the close of each calendar quarter (January–March, April–June, July–September, October–December), provided the following conditions are met:

• Your earned commission balance meets or exceeds the minimum payout threshold of $100.00 per quarter, or as otherwise specified in your Affiliate agreement;

• You have submitted a valid W-9 (U.S. persons) or W-8BEN (non-U.S. persons) tax form;

• Your Affiliate account is in good standing and has not been suspended or terminated.

Payments will be issued via the payment method selected in your Affiliate dashboard (e.g., ACH, PayPal, check). Affiliates are responsible for all applicable taxes on commissions earned. The Embody Lab will issue IRS Form 1099-NEC to U.S.-based Affiliates earning $600 or more in a calendar year.

3.4 Clawbacks and Refund Adjustments

Commissions are subject to clawback if the underlying purchase is refunded or cancelled. The clawback period is determined by the applicable program's refund policy and typically ranges from 60 to 90 days following the program start date or purchase date, whichever is later. The Embody Lab will provide specific clawback windows in program-specific affiliate communications.

If a commission has already been paid and the underlying transaction is subsequently refunded within the clawback window, The Embody Lab reserves the right to deduct the clawed-back amount from future commission payments or, if no future payments are anticipated, to invoice the Affiliate for reimbursement.

4. Tracking and Attribution

The Embody Lab uses affiliate tracking technology to attribute referrals to your account. You will be provided with a unique affiliate tracking link or promo code. Commissions are only earned on referrals that are properly attributed to your account through The Embody Lab's tracking system.

The Embody Lab is not responsible for tracking failures caused by: (a) customer use of ad-blocking software; (b) customers clearing cookies or using private browsing; (c) incorrect use of your affiliate link; or (d) third-party tracking outages. The Embody Lab's tracking data shall be the final authority on attribution and commission calculations.

5. Prohibited Promotional Tactics

Affiliates are strictly prohibited from engaging in the following promotional activities. Violation of any prohibition in this Section may result in immediate termination of your Affiliate account and forfeiture of any unpaid commissions:

5.1 Deceptive and Misleading Practices

• Making false, misleading, or unsubstantiated claims about The Embody Lab's Products, faculty, outcomes, or credentials;

• Implying an endorsement, partnership, or affiliation with The Embody Lab beyond your role as an independent affiliate without prior written authorization;

• Misrepresenting yourself as an employee, agent, or representative of The Embody Lab;

• Creating websites, landing pages, or content that could be confused with official Embody Lab properties.

5.2 Spam and Unsolicited Communications

• Sending unsolicited bulk emails ("spam") in violation of the CAN-SPAM Act, CASL, GDPR, or any other applicable law or regulation;

• Purchasing email lists or engaging in cold outreach without recipient consent;

• Submitting fake leads, referrals, or registrations;

• Using automated bots or click-farms to generate artificial traffic or conversions.

5.3 Paid Advertising Restrictions

• Bidding on The Embody Lab's branded keywords (including "The Embody Lab," "EmbodyLab," and names of The Embody Lab's faculty such as "Dr. Scott Lyons" or "Dr. Arielle Schwartz") in paid search advertising without prior written approval;

• Creating paid ads that directly mimic The Embody Lab's own advertising creative or copy without authorization;

• Using The Embody Lab's trademarks or logos in ad creative without written permission.

5.4 Inappropriate or Harmful Content

• Promoting The Embody Lab's Products on platforms or in contexts involving hate speech, discrimination, adult content, illegal activity, or content inconsistent with the trauma-informed values of The Embody Lab;

• Disparaging competitors in a manner that reflects negatively on The Embody Lab;

• Making clinical claims or guarantees about therapeutic outcomes in connection with The Embody Lab's Products.

5.5 Self-Referrals and Manipulation

• Purchasing Products through your own affiliate link to earn commissions;

• Colluding with others to artificially inflate referral counts or commission earnings;

• Manipulating The Embody Lab's affiliate tracking system in any way.

6. Content and Brand Guidelines

6.1 Brand Representation

Affiliates must represent The Embody Lab's brand in a manner consistent with its mission of trauma-informed professional education. All promotional content must:

• Accurately describe the Products being promoted, including pricing, format, CE/CEU credits offered, and intended professional audience;

• Reflect the clinical sophistication and professional nature of The Embody Lab's faculty and curriculum;

• Use The Embody Lab's name, logos, and trademarks only as expressly permitted under this Agreement or in written guidelines provided by The Embody Lab;

• Include all legally required disclosures, including FTC-mandated affiliate disclosure language (see Section 6.2).

6.2 Disclosure Requirements

In accordance with the Federal Trade Commission's Endorsement Guides (16 C.F.R. Part 255) and any other applicable laws, you are required to clearly and conspicuously disclose your material connection to The Embody Lab in all promotional content. An acceptable disclosure includes language such as:

"I am an affiliate of The Embody Lab and may earn a commission if you purchase through my link."

This disclosure must appear clearly before any affiliate link, in close proximity to the promotional content, and in a manner that is easily noticeable by the average reader.

6.3 Content Approval

The Embody Lab reserves the right to request removal or modification of any affiliate content that, in its reasonable judgment, violates these guidelines, misrepresents its Products, or could harm its reputation. Upon receiving such a request, you agree to promptly comply within 48 hours.

The Embody Lab may provide Affiliates with approved promotional copy, images, and graphics ("Creative Assets"). Use of Creative Assets is encouraged but must be in accordance with any usage guidelines provided. Creative Assets remain the intellectual property of The Embody Lab.

7. Intellectual Property

The Embody Lab grants you a limited, non-exclusive, non-transferable, revocable license to use its trademarks, logos, and Creative Assets solely for the purpose of promoting The Embody Lab's Products in accordance with this Agreement. This license terminates automatically upon termination or expiration of your participation in the Program.

You retain ownership of your own original content created for the purpose of promoting The Embody Lab. By creating such content, you grant The Embody Lab a non-exclusive, royalty-free, worldwide license to share, republish, or reference your affiliate content for promotional or testimonial purposes, with appropriate credit.

You may not reproduce, adapt, or distribute The Embody Lab's course content, curriculum materials, recordings, or proprietary methodologies in any form. All such materials are proprietary to The Embody Lab and its faculty.

8. Relationship of the Parties

You are an independent contractor of The Embody Lab. Nothing in this Agreement creates a partnership, joint venture, agency, employment, or franchise relationship between you and The Embody Lab. You have no authority to enter into contracts, incur obligations, or make representations on behalf of The Embody Lab. You are solely responsible for all taxes, insurance, and other obligations arising from your participation in the Program.

9. Termination

9.1 Termination by Affiliate

You may terminate your participation in the Program at any time by providing written notice to The Embody Lab at affiliates@theembodylab.com. Termination will be effective upon The Embody Lab's confirmation of receipt.

9.2 Termination by The Embody Lab

The Embody Lab may terminate or suspend your participation in the Program at any time, with or without cause, upon written notice. Grounds for immediate termination without notice include, but are not limited to:

• Material breach of any provision of this Agreement;

• Engaging in any prohibited promotional tactic described in Section 5;

• Any conduct that The Embody Lab reasonably determines to be harmful to its brand, reputation, or business;

• Fraudulent activity, misrepresentation, or violation of applicable law.

9.3 Effect of Termination

Upon termination: (a) your affiliate tracking links will be deactivated; (b) you must immediately remove all affiliate links and promotional content referencing The Embody Lab from your platforms; (c) your license to use The Embody Lab's trademarks and Creative Assets will immediately terminate; and (d) any commissions earned on Qualifying Referrals completed prior to termination, and not subject to clawback, will be paid in the next scheduled quarterly payment cycle.

Termination for cause (including fraud or material breach) may result in forfeiture of all unpaid commissions at The Embody Lab's discretion.

10. Confidentiality

During the course of your participation in the Program, you may have access to non-public information about The Embody Lab's business, marketing strategies, commission structures, or customer data ("Confidential Information"). You agree to: (a) hold all Confidential Information in strict confidence; (b) not disclose Confidential Information to any third party without prior written consent from The Embody Lab; and (c) use Confidential Information solely for the purpose of performing your obligations under this Agreement.

11. Representations and Warranties

You represent and warrant that: (a) you have the full right, power, and authority to enter into this Agreement; (b) your participation in the Program will not violate any agreement to which you are a party; (c) all information you provide to The Embody Lab is accurate and complete; (d) your promotional activities will comply with all applicable laws, including advertising, privacy, and consumer protection laws; and (e) you will not engage in any deceptive or fraudulent conduct in connection with the Program.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE EMBODY LAB SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PROGRAM, EVEN IF THE EMBODY LAB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE EMBODY LAB'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING UNDER THIS AGREEMENT SHALL NOT EXCEED THE TOTAL COMMISSIONS PAID TO YOU IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

13. Indemnification

You agree to indemnify, defend, and hold harmless The Embody Lab, its officers, directors, employees, agents, licensors, and successors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your breach of this Agreement; (b) your promotional activities or content; (c) your violation of any applicable law or regulation; or (d) your negligence or willful misconduct.

14. Disclaimer of Warranties

THE EMBODY LAB PROVIDES THE AFFILIATE PROGRAM "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE EMBODY LAB DOES NOT WARRANT THAT THE PROGRAM WILL GENERATE ANY PARTICULAR LEVEL OF REVENUE FOR AFFILIATES.

15. Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles.

Any dispute, claim, or controversy arising out of or relating to this Agreement, or the breach, termination, enforcement, interpretation, or validity thereof, shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator and shall take place in the State of Delaware or via remote proceeding. The decision of the arbitrator shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm pending arbitration. Each party waives any right to participate in a class action lawsuit or class-wide arbitration.

16. Modifications to This Agreement

The Embody Lab reserves the right to modify this Agreement at any time. We will provide notice of material changes by email to the address associated with your Affiliate account or by posting updated terms in the Affiliate portal. Continued participation in the Program following the effective date of any modification constitutes your acceptance of the revised Agreement.

17. Entire Agreement

This Agreement, together with any program-specific commission schedules or addenda provided to you in writing, constitutes the entire agreement between the parties with respect to the Affiliate Program and supersedes all prior and contemporaneous agreements, representations, and understandings. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

18. Contact Information

For questions regarding this Agreement or the Affiliate Program, please contact:

The Embody Lab — Affiliate Program

Email: partnerships@theembodylab.com

Website: www.theembodylab.com

By participating in The Embody Lab Affiliate Program, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.