MEMBERSHIP POLICY

Last update: November 25, 2022

When you register to become an Affiliate or participate in any Affiliate Program activity, you agree to be bound by the following Affiliate Program Policy (the "Policy"). This Policy governs between you, as an Affiliate ("You" or "Affiliate"), and NOMAD LAND ESSENTIALS. Each of the Affiliates and Coaches may be referred to as a "Party" and together as the "Parties".

You can review the current version of the Policy at any time at our website. We reserve the right to update and change the Policy by posting. If a significant change is made, we will send you reasonable notice by email. You are encouraged to check the Policy from time to time for updates or changes that may affect you. Any reference to the Policy includes any and all terms and documents incorporated by reference.

By agreeing to participate in the Affiliate Program, you agree to all of the terms and conditions contained in this Policy and NOMAD LAND ESSENTIALS' other policies, including, without limitation, the Privacy Policy and Terms of Service (collectively, "NOMAD LAND ESSENTIALS Policies"). All other policies and terms are part of the agreement between the Parties and are incorporated by reference.

1. Affiliate Responsibilities

1.1. Marketing activities

Affiliate shall bear all costs and expenses related to the marketing or promotion of Affiliate or Affiliate's products or services associated with Affiliate's participation in the Affiliate Program (collectively, "Affiliate Marketing Activities") in any area, location, territory or jurisdiction, unless otherwise determined.

In no event shall Affiliate engage in any Affiliate Marketing Activities, except as expressly set forth in this Policy. In conducting all Affiliate Marketing Activities, Affiliate will comply with all applicable laws, rules, regulations and directives, including but not limited to those relating to email marketing and "spam".

Without limiting the generality of Section 1.1.2, Affiliate (i) will not send any related email to any person or entity that has not requested such information; (ii) always include Affiliate's contact information and "unsubscribe" information in any related email; and (iii) does not imply that such emails are sent on behalf of NOMAD LAND ESSENTIALS.

An Affiliate shall not (i) engage in any facsimile, broadcast, telemarketing or any other offline marketing method with respect to NOMAD LAND ESSENTIALS; (ii) use malware, spyware or any other aggressive advertising or marketing method in any of its transactions relating to NOMAD LAND ESSENTIALS; (iii) make false, misleading or disparaging representations or statements regarding NOMAD LAND ESSENTIALS; (iv) solicit any of NOMAD LAND ESSENTIALS' customers to leave NOMAD LAND ESSENTIALS; (v) copy, resemble or mirror the appearance of NOMAD LAND ESSENTIALS' websites, NOMAD LAND ESSENTIALS' Trademarks (as defined below) or NOMAD LAND ESSENTIALS' services or otherwise misrepresent Affiliate's affiliation with NOMAD LAND ESSENTIALS; or (vi) engage in any other practice that may adversely affect NOMAD LAND ESSENTIALS' credibility or reputation, including, but not limited to, sending email communications or using any website in any manner, or having any content on any website, that (a) uses aggressive or low-quality marketing, including marketing services that are unrelated to NOMAD LAND ESSENTIALS or the Affiliate's services; (b) promotes sexually explicit materials, violence, discrimination based on race, sex, religion, national origin, disability, sexual orientation or age, or any illegal or objectionable activity; or (c) violates any intellectual property or other proprietary rights of a third party; or (d) violates NOMAD LAND ESSENTIALS Terms of Service.

All marketing or advertising, any NOMAD LAND ESSENTIALS service or opportunity communicated by the Affiliate must be truthful and accurate. Claims relating to any NOMAD LAND ESSENTIALS service or opportunity that are false or fraudulent are strictly prohibited. Partner may not claim that any government, person or entity endorses or supports NOMAD LAND ESSENTIALS. You may not use the intellectual property of any other person or entity to advertise any NOMAD LAND ESSENTIALS service or opportunity.

1.2. Compliance with laws

In addition to, and without limiting the provisions of this Policy, Affiliate shall perform its obligations under this Policy to the highest applicable industry standards and in compliance with all applicable laws, rules and regulations.

1.3 Unauthorized and Prohibited Activities

Affiliate will not promote or advertise NOMAD LAND ESSENTIALS services on coupon, deal or discount sites or other incentivized sites, or display any offer code on a public page or through the use of a "click-to-display".

The Affiliate will not use your links directly in any pay-per-click advertising;

Affiliate will not purchase search engine keywords or other pay-per-click keywords (such as Google AdWords), trademarks or domain names that use the NOMAD LAND ESSENTIALS Trademarks (as defined below) or any variation or misspelling thereof that may be deceptively or confusingly similar to the NOMAD LAND ESSENTIALS Trademarks.

Affiliate shall not create or participate in third party networks or sub-affiliate networks without the express written permission of NOMAD LAND ESSENTIALS.

Affiliate will not use or encourage any means to deliver fraudulent traffic, including, but not limited to, the use of bots or toolbar traffic, cookie stuffing, or use of false or misleading links.

Affiliate shall not use direct links to any page on any NOMAD LAND ESSENTIALS website without the prior written permission of NOMAD LAND ESSENTIALS.

The Affiliate will not mask its referral sites or use misleading redirection links.

Affiliate shall not disparage the products or services of any other person or entity, including but not limited to the products or services of a competitor of NOMAD LAND ESSENTIALS or any other NOMAD LAND ESSENTIALS customer or Affiliate, or NOMAD LAND ESSENTIALS itself.

1.4. Guidelines

These rules are intended to increase transparency between endorsers and consumers. As a member of the Affiliate program with NOMAD LAND ESSENTIALS, the Affiliate receives compensation for referrals made to NOMAD LAND ESSENTIALS. This may establish a "material connection" of NOMAD LAND ESSENTIALS to the applicable rules, which creates an obligation for the Affiliate to provide information to consumers.

Full compliance with these guidelines requires, among other things, that (a) Affiliate clearly and conspicuously discloses that Affiliate is being compensated for referring customers to NOMAD LAND ESSENTIALS; and (b) Affiliate does not engage in misleading or deceptive advertising.

1.5. Other terms for Affiliates

The Affiliate must have an active NOMAD LAND ESSENTIALS customer account.

If the Affiliate is an individual, You must be at least (i) 18 years of age; or (ii) at least the age of majority in the jurisdiction where You reside and from which You conduct the Affiliate's business.

You confirm that you become an Affiliate for the purpose of conducting a business and not for any personal, domestic or family purposes.

To become an Affiliate, the Affiliate must create an Affiliate Account by providing all of the information indicated as required. NOMAD LAND ESSENTIALS may reject an Affiliate Account application for any reason in its sole discretion. Partner acknowledges that NOMAD LAND ESSENTIALS will use the email address provided by Partner as the primary method of communication. You are responsible for maintaining the security of your Affiliate account password. NOMAD LAND ESSENTIALS cannot and will not be liable for any loss or damage arising from your failure to maintain the security of your Affiliate Account and password.

Partner acknowledges and agrees that Partner shall be responsible for the performance of all of its obligations under the Policy, regardless of whether it sublicenses or subcontracts such obligations to a third party, including, without limitation, Affiliate's affiliates or subsidiaries.

You will inform NOMAD LAND ESSENTIALS promptly of any information known to you that could reasonably lead to a claim, demand or liability by or against NOMAD LAND ESSENTIALS by a third party.

Affiliate acknowledges and agrees that NOMAD LAND ESSENTIALS may modify this Policy at any time by posting the amended and updated Affiliate Program Policy on the NOMAD LAND ESSENTIALS website, and such modifications to the Policy are effective as of the date of posting. If a significant change is made, NOMAD LAND ESSENTIALS will provide reasonable notice by email. Continued use of the website constitutes acceptance of the Affiliate's Policy and its posted modifications. If Affiliate does not agree to the changes to the Policy, Affiliate must terminate the Policy by discontinuing participation in the NOMAD LAND ESSENTIALS Affiliate Program.

Affiliate acknowledges and agrees that Affiliate's participation in the NOMAD LAND ESSENTIALS Affiliate Program, including information transmitted to or stored by NOMAD LAND ESSENTIALS, is governed by the NOMAD LAND ESSENTIALS Privacy Policy.

If the Affiliate's recruiting efforts include claims related to the potential income a NOMAD LAND ESSENTIALS client may generate, or if you make reference to income you have earned, or if you make reference to any lifestyle opportunities you have because of NOMAD LAND ESSENTIALS, the following guidelines must be met : (a) Your statements must be completely true and accurate and supported by evidence; (b) if you use a hypothetical scenario, you must clearly label it as a hypothetical scenario.

2. Reference rates

2.1. Payment of Fees

Once accepted into the Affiliate Program, you will be assigned one or more unique Affiliate URL(s) that you will use to advertise NOMAD LAND ESSENTIALS services. When another person (a "Prospect") clicks on that URL, a cookie (or similar tracking technology ("Cookie")) will be set in the Prospect's browser. When the Prospect creates a NOMAD LAND ESSENTIALS account using your Affiliate's URL, the Cookie on the Prospect's browser, corresponding to Your unique URL, records a "Sale", and each such account is a "Sold Account". In the event a Prospect has multiple Affiliate Cookies, the most recently acquired Cookie will determine which Affiliate is credited with a Sale.

Subject to your compliance with this Policy, you will be entitled to a referral fee for each Account sold that generates a monthly or annual payment from NOMAD LAND ESSENTIALS. The amount of the Referral Fee is a percentage of all fees received by NOMAD LAND ESSENTIALS for a sold Account (the "Referral Fees") for as long as the referral NOMAD LAND ESSENTIALS Account is active. Payments for any Referral Fees will be made on the 30th of each month following receipt of such payments by NOMAD LAND ESSENTIALS.

Referral Fees are paid only for transactions that actually occur between NOMAD LAND ESSENTIALS and a potential customer. If the transaction does not actually take place, or if NOMAD LAND ESSENTIALS does not actually receive payment for a Sale, you will not be paid a Referral Fee for the transaction. If a referral is not linked or attached to Your Affiliate account within 30 days after such referral is subscribed to NOMAD LAND ESSENTIALS, such referral will not be considered Your Account sold and You will not be entitled to any Referral Fee from such sale. In order for an account to link to Your Affiliate account, a referral must use Your Affiliate link directly or contact customerservice@nomadlandessentials.com within the first 30 days to request the linkage. If payment of a Sold Account later results in a refund or chargeback, and if a Referral Fee was paid to you for payment of that Sold Account, then the Referral Fee will be deducted from any future Referral Fee. If NOMAD LAND ESSENTIALS determines, in its reasonable discretion, that any Sale was made fraudulently or as a result of any violation of this Policy, in addition to NOMAD LAND ESSENTIALS pursuant to Section 3.1, no Referral Fees will be paid to you for such Sale, or if NOMAD LAND ESSENTIALS discovers such violation or fraud after payment, such amounts will be deducted from any future Referral Fees. A referral may request at any time that it be removed from your Affiliate account and, upon such request, you will no longer be entitled to receive any Referral Fees for such referral.

2.2. Representations of Affiliates; Taxes

You hereby represent and warrant to NOMAD LAND ESSENTIALS that You are engaged in an independent business enterprise and that You have complied with all business requirements necessary to operate the Affiliate's business, if applicable, such as licensing, tax and other business operation requirements.

You are responsible for any and all tax liabilities, including, but not limited to, tax liabilities arising out of or relating in any way to the Referral Fees you receive from NOMAD LAND ESSENTIALS. Where NOMAD LAND ESSENTIALS is required to withhold taxes, NOMAD LAND ESSENTIALS will document such withholding.

2.3. Inventory Charge/Refunding

You will not be paid any referral fees for payments made on your own user account(s). You may not open a NOMAD LAND ESSENTIALS account in the name of another person or entity, or in a fictitious name. You may not open a NOMAD LAND ESSENTIALS account under any name for the sole purpose of obtaining referral fees or any other compensation, including but not limited to incentives or prizes that may be offered from time to time. Affiliate may not pay for another person's account. Affiliate is not authorized to offer cash rebates or other monetary incentives to actual or potential Sales. Violation of this paragraph shall constitute a material breach of this Policy, and you agree to pay NOMAD LAND ESSENTIALS all Referral Fees earned as a result of such violation.

3. Termination

3.1. Termination

Unless otherwise specified in the Policy, either Party may terminate the Affiliate Program at any time, with or without cause, effective immediately upon notice to the other Party.

Fraudulent or other unacceptable behavior by You, including breach of any NOMAD LAND ESSENTIALS Policy, as determined by NOMAD LAND ESSENTIALS in its sole discretion, may result in NOMAD LAND ESSENTIALS taking one or more of the following actions: (a) termination of Your affiliation with NOMAD LAND ESSENTIALS in its entirety and termination of all services provided to You; (b) suspension of some or all of Your privileges under the Affiliate Program; and/or (c) termination of Your Affiliate account entirely without notice or recourse to You, in which case You will forfeit all referral fees owed to You, either as of the date of termination or accruing thereafter.

At any time your NOMAD LAND ESSENTIALS customer account is terminated or suspended by either Party, Affiliate's participation in the Affiliate Program will automatically terminate and Affiliate will no longer be entitled to any more Referral Fees. If Affiliate later activates a NOMAD LAND ESSENTIALS customer account, Affiliate will be entitled to apply to participate in the Affiliate Program and earn Referral Fees on any new Account sold. For purposes of clarity, Affiliate will forfeit all Referral Fees on any Accounts sold prior to such termination.

3.2. Completion Results

Upon termination of this Policy: (a) Affiliate shall immediately cease displaying any NOMAD LAND ESSENTIALS Materials (as defined below) or any NOMAD LAND ESSENTIALS Trademarks (as defined below) on any website or otherwise; and (b) all rights granted to Affiliate under this Policy shall immediately cease, including, without limitation, Affiliate's right to access the Affiliate Account and Affiliate Panel, or to receive payments of Referral Fees under this Policy, unless otherwise determined by NOMAD LAND ESSENTIALS in its sole discretion.

This Section 3.2 and the following Sections shall survive any termination or expiration of this Policy: Section 4.5 (NOMAD LAND ESSENTIALS' Proprietary Rights), Section 5 (Confidentiality), Section 6 (Disclaimer of Warranty), Section 7 (Limitation of Liability and Indemnification), and Section 8 (General Provisions). In addition, any provision of this Policy that by its nature is intended to survive termination shall survive termination.

4. Intellectual property rights

4.1. Materials

All NOMAD LAND ESSENTIALS Materials shall be created and provided exclusively by NOMAD LAND ESSENTIALS unless otherwise agreed to by NOMAD LAND ESSENTIALS in writing in advance. NOMAD LAND ESSENTIALS will provide Affiliate with copies of or access to the NOMAD LAND ESSENTIALS Materials. By using NOMAD LAND ESSENTIALS Materials, You signify Your acceptance of our usage guidelines set forth in this Policy and understand that a violation of these guidelines or this Policy will result in termination of Your license or permission to use NOMAD LAND ESSENTIALS Materials. NOMAD LAND ESSENTIALS Materials are provided "as is" and without warranty of any kind.

Partner may display NOMAD LAND ESSENTIALS Materials on its websites solely for the purpose of marketing and promoting NOMAD LAND ESSENTIALS and its services during the term of this Policy, or until such time as NOMAD LAND ESSENTIALS may, upon reasonable notice, direct Partner to cease displaying NOMAD LAND ESSENTIALS Materials. You may not alter, modify, adapt or translate the NOMAD LAND ESSENTIALS Materials without the prior written consent of NOMAD LAND ESSENTIALS. Nothing contained in the NOMAD LAND ESSENTIALS Materials shall be deemed in any way to be a representation or warranty by NOMAD LAND ESSENTIALS. The NOMAD LAND ESSENTIALS Materials shall at all times remain the sole and exclusive property of NOMAD LAND ESSENTIALS and no ownership rights shall at any time be granted to you, even in cases where NOMAD LAND ESSENTIALS has authorized you to make changes or modifications to the NOMAD LAND ESSENTIALS Materials.

"NOMAD LAND ESSENTIALS Materials" means any marketing or promotional materials related to NOMAD LAND ESSENTIALS or its platform or products, including but not limited to copyrighted content, hypertext links, domain names, icons, buttons, banners, graphic files, images, and the NOMAD LAND ESSENTIALS Trademarks .

4.2. Trademarks

During the term of this Policy, NOMAD LAND ESSENTIALS grants Affiliate a limited, revocable, non-exclusive, non-sublicensable, non-sublicensable, non-transferable license to display the NOMAD LAND ESSENTIALS Trademarks for the sole purpose of marketing and promoting NOMAD LAND ESSENTIALS and its services. Affiliate acknowledges and agrees that: (a) it will use the NOMAD LAND ESSENTIALS Trademarks only as permitted by this Policy; (b) it will use the NOMAD LAND ESSENTIALS Trademarks in a lawful manner and in strict compliance with all formats, guidelines, standards and other requirements prescribed by NOMAD LAND ESSENTIALS in writing from time to time; (c) the NOMAD LAND ESSENTIALS Trademarks are and shall remain the exclusive property of NOMAD LAND ESSENTIALS; (d) nothing in this Policy shall confer upon Partner any ownership rights in the NOMAD LAND ESSENTIALS Trademarks and any use of the NOMAD LAND ESSENTIALS Trademarks by Partner shall inure to the benefit of NOMAD LAND ESSENTIALS; (e) you shall not apply for or contest the validity of any NOMAD LAND ESSENTIALS Trademarks, now or in the future; and (f) you shall not apply for or use, now or in the future, any terms or marks similar to the NOMAD LAND ESSENTIALS Trademarks that are confusingly similar to the NOMAD LAND ESSENTIALS Trademarks.

"NOMAD LAND ESSENTIALS Trademarks" refers to NOMAD LAND ESSENTIALS' trademarks, logos, service marks and trade names, whether registered or unregistered, including but not limited to the NOMAD LAND ESSENTIALS word mark and the "NOMAD LAND ESSENTIALS" design.

4.3. Trademark Use Guidelines

Affiliate shall only use and visually display the NOMAD LAND ESSENTIALS Trademarks in the following manner. Affiliate agrees that Your use of the NOMAD LAND ESSENTIALS Trademarks in violation of these guidelines will result in automatic termination of Your participation in the Affiliate Program, this Policy and the license and/or permission to use the NOMAD LAND ESSENTIALS Trademarks.

Your use must not mislead consumers as to our sponsorship, affiliation or endorsement of your company or your products or services.

NOMAD LAND ESSENTIALS Trademarks are our exclusive property. All goodwill resulting from Your use of the NOMAD LAND ESSENTIALS Trademarks shall inure solely to Our benefit. You will not take any action that is inconsistent with our rights or ownership of the NOMAD LAND ESSENTIALS Trademarks.

NOMAD LAND ESSENTIALS Trademarks must be used in a respectful manner. NOMAD LAND ESSENTIALS Trademarks may not be used in a manner that harms us, our products or services, or in a manner that, in our opinion, diminishes or damages our reputation or the goodwill in our brand assets. You may not associate the NOMAD LAND ESSENTIALS Trademarks or any other assets of our brand with unlawful or illegal activities or use them in a misleading or harmful manner.

You may use the NOMAD LAND ESSENTIALS mark to advertise NOMAD LAND ESSENTIALS in your unpaid advertising. Whenever you use the NOMAD LAND ESSENTIALS mark, you must do so in a way that does not confuse readers or make them think you are speaking on behalf of NOMAD LAND ESSENTIALS. NOMAD LAND ESSENTIALS will determine whether your use of NOMAD LAND ESSENTIALS is confusing in its sole and absolute discretion.

Whenever you use the word "NOMAD LAND ESSENTIALS", it must be immediately followed by the "Circle R" "®" indicating that it is a registered trademark of NOMAD LAND ESSENTIALS.

You must clearly display (i.e., not in a link or in fine print) the following disclaimer on any website, social media site, email and/or other communication or medium you choose to use: I am not an employee or representative of NOMAD LAND ESSENTIALS. I am an independent NOMAD LAND ESSENTIALS Affiliate and receive referral payments from NOMAD LAND ESSENTIALS in this role. All opinions expressed herein are my own and are not official statements of NOMAD LAND ESSENTIALS or any NOMAD LAND ESSENTIALS affiliated party.

4.4. Restrictions on Affiliate's Use of NOMAD LAND ESSENTIALS Trademarks

Notwithstanding Section 4.1, the Affiliate shall not:

use the NOMAD LAND ESSENTIALS Trademarks or variations or misspellings thereof in the Affiliate's trade name, logo, brand, advertising, social media or domain name (including, without limitation, top-level domains, subdomains and page URLs), products or services (including, without limitation, in the name or design of any application or theme), unless express written permission is granted by NOMAD LAND ESSENTIALS prior to each use; or purchase or register any search engine or other pay-per-click keywords (such as Google AdWords), trademarks, email addresses or domain names that use the NOMAD LAND ESSENTIALS Trademarks or any variation or misspelling thereof that may be deceptively or confusingly similar to the NOMAD LAND ESSENTIALS Trademarks.

4.5. NOMAD LAND ESSENTIALS Proprietary Rights

As between Affiliate and NOMAD LAND ESSENTIALS, the NOMAD LAND ESSENTIALS Materials, the NOMAD LAND ESSENTIALS Trademarks, all information related to the NOMAD LAND ESSENTIALS Services and all software, documentation, hardware, equipment, devices, templates, tools, documents, processes, methodologies, know-how, websites, and any additional intellectual or other property used by or on behalf of NOMAD LAND ESSENTIALS or otherwise related to the NOMAD LAND ESSENTIALS services, the Affiliate Program, together with all copyrights, trademarks, patents, trade secrets and any other proprietary rights inherent in and appurtenant thereto ( collectively, "NOMAD LAND ESSENTIALS Property" ) shall be and remain the sole and exclusive property of NOMAD LAND ESSENTIALS To the extent, if any, that ownership of any NOMAD LAND ESSENTIALS Property is not automatically vested in NOMAD LAND ESSENTIALS under this Policy, or otherwise, and vested in Affiliate, Affiliate transfers and assigns to NOMAD LAND ESSENTIALS, upon creation thereof, all right, title and interest Affiliate may have in such NOMAD LAND ESSENTIALS Property (and waives any and all moral rights, as applicable), including the right to sue for and recover for past, present and future violations thereof.

5. Confidentiality

5.1 Definition

"Confidential Information" shall include, but not be limited to, all information associated with a Party's business and not publicly known, including specific business information, technical processes and formulas, software, customer lists, prospect lists, names, addresses and other information about customers and prospects, product designs, sales, costs (including relevant processing fees), price lists and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary. For the avoidance of doubt, as between NOMAD LAND ESSENTIALS and Affiliate, any information relating to NOMAD LAND ESSENTIALS customer or other Affiliate is the confidential information of NOMAD LAND ESSENTIALS.

5.2 Covenants

Affiliates that are subject to confidentiality obligations to another Party that are as strict as those contained in this Policy; or (ii) as required by any law, regulation or order of any court of appropriate jurisdiction over the Parties and the subject matter contained in this Policy, provided that, if legally permitted, the receiving Party shall give the disclosing Party prompt written notice and use commercially reasonable efforts to ensure that such disclosure receives confidential treatment. Confidential Information shall not include any information that the receiving Party can prove: (A) was already in the public domain, or was already known to or in the possession of the receiving Party, at the time of disclosure of such information; (B) is independently developed by the receiving Party without use of or reference to the Confidential Information of the other Party(ies) and without violating any provision of this Policy; or (C) is subsequently properly obtained by the receiving Party from a source other than the disclosing Party without violating any provision of this Policy.

6. Warranty disclaimer

The NOMAD LAND ESSENTIALS Affiliate Program, NOMAD LAND ESSENTIALS services, NOMAD LAND ESSENTIALS Trademarks and NOMAD LAND ESSENTIALS Materials are provided "as is". NOMAD LAND ESSENTIALS makes no warranties under this Policy, and NOMAD LAND ESSENTIALS expressly disclaims all warranties, express or implied, including, without limitation, warranties of merchantability, non-infringement or fitness for a particular purpose. Without limiting the foregoing, NOMAD LAND ESSENTIALS further disclaims all representations and warranties, express or implied, that NOMAD LAND ESSENTIALS services, NOMAD LAND ESSENTIALS Trademarks or NOMAD LAND ESSENTIALS services. The materials meet all Affiliate requirements and will be uninterrupted, error-free or free of harmful components.

7. Limitation of Liability and Indemnification

7.1. Limitation of liability

NOMAD LAND ESSENTIALS shall have no liability with respect to the NOMAD LAND ESSENTIALS Affiliate Program, the NOMAD LAND ESSENTIALS services, the NOMAD LAND ESSENTIALS Trademarks, the NOMAD LAND ESSENTIALS Materials or NOMAD LAND ESSENTIALS obligations under this Policy or otherwise for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting in any way from NOMAD LAND ESSENTIALS services, NOMAD LAND ESSENTIALS Trademarks, NOMAD LAND ESSENTIALS Materials or Affiliate's participation or inability to participate in the NOMAD LAND ESSENTIALS Affiliate Program, even if NOMAD LAND ESSENTIALS has been advised of the possibility of such damages. In any event, NOMAD LAND ESSENTIALS' liability to Affiliate under this Policy for any reason whatsoever shall be limited to the Referral Fees paid to Affiliate by NOMAD LAND ESSENTIALS during the five (5) month period immediately preceding the event giving rise to the claim for damages. This limitation applies to all causes of action in the aggregate, including, but not limited to, breach of contract, breach of warranty, negligence, strict liability, misrepresentations and other torts. The foregoing limitations shall apply to the fullest extent permitted by applicable law.

7.2. Indemnification

Affiliate agrees to indemnify, defend and hold harmless NOMAD LAND ESSENTIALS and the directors, managers, officers, employees, subcontractors and agents thereof (each, an "Indemnified Party" and, collectively, the "Indemnified Parties" ), with respect to any claim, demand, cause of action, debt or liability, including reasonable attorneys' fees (collectively, "Claims" ), to the extent such claim is based upon or arises out of: (a) the breach by you of any representation, warranty, obligation or covenant under this Policy; (b) gross negligence or willful misconduct of you; (c) any warranty, condition, representation, indemnity or guarantee relating to NOMAD LAND ESSENTIALS given by you to any third party; (d) the breach by you of any term of this Policy or NOMAD LAND ESSENTIALS Policies (including any document you incorporate by reference); (e) any claim by a third party that Affiliate's products or services infringe the intellectual property or other rights of a third party; (f) Affiliate's Taxes, including any audits or penalties related thereto; and (g) the performance, non-performance or inadequate performance of Affiliate's products or services.

7.3. Notice of Indemnification

Upon claiming any indemnification under this Policy, the Indemnified Party shall promptly provide Affiliate with written notice of any claim that the Indemnified Party believes is within the scope of the indemnities provided for in this Policy. The Indemnified Party may, at its expense, assist in the defense if it so desires, provided that Affiliate shall control such defense and all negotiations relating to the settlement of any claim and further provided that in settling any claim Affiliate shall not make any admission on behalf of the Indemnified Party or agree to any terms or conditions that would reasonably result in any admission by the Indemnified Party or in the imposition of any liability thereon without the prior written approval of the Indemnified Party.

8. General Provisions

8.1. Force majeure

NOMAD LAND ESSENTIALS shall not be liable for any delay or failure to perform any obligation under this Policy when the delay or failure results from any cause beyond our reasonable control, including acts of God, labor disputes or other industrial disturbances, electrical or power outages, utility or other telecommunications failures, earthquake, storms or other elements of nature, pandemics, blockades, embargoes, riots, acts or orders of government, acts of terrorism or war.

8.2. Independent contractors

The Parties to this Policy are independent contractors. Neither Party is an agent, representative or related entity of the other Party. Neither NOMAD LAND ESSENTIALS nor Affiliate shall have any right, power or authority to enter into any agreement for, or on behalf of, or incur any obligation or liability, or otherwise bind, the other Party. This Policy shall not be construed or interpreted to create an association, agency, joint venture or partnership between the Parties or to impose any liability attributable to such relationship on either Party.

8.3. Non-exclusivity

Nothing in this Policy is intended to create, nor shall it be construed as creating, any exclusive Policy between the Parties to this Policy. This Policy shall not restrict any Party from entering into similar Policies with others, provided that it does not breach its obligations under this Policy in doing so, including, without limitation, confidentiality obligations.

8.4. Notifications

Any notice, approval, request, authorization, direction or other communication under this Policy shall be given in writing and shall be deemed given and delivered for all purposes (a) on the date of delivery if delivered in person or by e-mail to the Affiliate's address, the e-mail address listed in the Affiliate's account, and customerservice@nomadlandessentials.com(b) two (2) business days after deposit by internationally recognized commercial overnight courier service, with written verification of receipt; or (c) five (5) business days after deposit by certified or registered mail, return receipt requested, postage and charges prepaid.

8.5. Non-waiver

The failure of either Party to insist upon or require strict compliance by another Party with any provision of this Policy or to exercise any right under this Policy shall not be construed as a waiver or relinquishment to any extent of such Party's right to assert or rely upon any provision or right in that or any other instance; rather, the same shall be and remain in full force and effect. Each waiver shall be set forth in a written instrument signed by the waiving Party.

8.6. Complete policy

This Policy, including all NOMAD LAND ESSENTIALS Policies listed on the NOMAD LAND ESSENTIALS website, any completed application forms and all guidelines and other documents linked to or incorporated or referenced in this Policy, sets forth the entire Policy and supersedes any and all prior Policies, written or oral, of the Parties with respect to the subject matter hereof (including, without limitation, any prior versions of this Policy). Neither NOMAD LAND ESSENTIALS nor Affiliate shall be bound by, and each Party specifically objects to, any term, condition or other provision that is different from or in addition to the provisions of this Policy (whether or not it materially alters this Policy) and that is offered by another Party in any correspondence or other document, unless the Party to be bound thereby specifically agrees to such provision in writing.

8.7. Assignment

All terms and provisions of this Policy shall be binding upon and inure to the benefit of the Parties to this Policy and their respective heirs, successors, permitted assigns and legal representatives. NOMAD LAND ESSENTIALS may assign this Policy without notice to or consent of you. You shall have no right to assign or transfer this Policy, or any of your rights or obligations under this Policy, to any third party without the prior written consent of NOMAD LAND ESSENTIALS, which shall be given or withheld in NOMAD LAND ESSENTIALS' sole discretion.

8.8. Applicable Laws

This Policy shall be governed by and construed in accordance with the laws applicable in the jurisdiction where the Affiliate Program is conducted, without regard to principles of conflicts of laws.

The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts and appellate courts having appellate jurisdiction of such courts with respect to any dispute or claim arising out of or relating to this Policy.

8.9. Competitive or similar materials

NOMAD LAND ESSENTIALS is not precluded from discussing, reviewing, developing on its own, having developed, acquiring, licensing or developing for or by third parties, as well as marketing and distributing materials, products or services that are competitive with Affiliate's products or services, provided that NOMAD LAND ESSENTIALS does not use Affiliate's confidential information in doing so.

8.10. Modifications to this Policy

NOMAD LAND ESSENTIALS may modify this Policy (including the NOMAD LAND ESSENTIALS Policies) at any time by posting a revised version on the NOMAD LAND ESSENTIALS website or by notifying the Policy Affiliate with Section 8.4. By continuing to participate in the Affiliate Program after the effective date of any modification to this Policy, Affiliate agrees to be bound by the modified terms. It is your responsibility to periodically check the NOMAD LAND ESSENTIALS website for modifications to this Policy. We last modified this Policy on the date listed at the end of this Policy. 

8.11. Language

All communications and notices made or given pursuant to this Policy must be in the English language. If we provide a translation of the English version of this Policy, the Spanish version of the Policy shall prevail in the event of a conflict.

8.12. Non-exclusive resources

In the event of a breach or threatened breach by Affiliate of any provision of this Policy, in addition to all other rights and remedies available to NOMAD LAND ESSENTIALS under this Policy and applicable law, NOMAD LAND ESSENTIALS shall have the right to (a) immediately enjoin all such activity, without the necessity of proving damages or posting a bond or other security; (b) immediately terminate this Policy and Affiliate's access to the Affiliate Program; (c) receive an immediate refund of all amounts paid to Affiliate under this Policy; and (d) be indemnified for any loss, damage or liability incurred by NOMAD LAND ESSENTIALS in connection with such violation, in accordance with the provisions of Section 7.

8.12. Divisibility

If any provision of this Policy is for any reason held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of the Policy, and the Policy shall be construed as if such invalid, illegal or unenforceable provision had never been included in the Policy.

customerservice@nomadlandessentials.com

AVE. EJÉRCITO NACIONAL 1112 PISO 10, POLANCO 1 SECCIÓN, C.P. 11510, MIGUEL HIDALGO, MEXICO CITY.
Phone: +52 1 55 5123 8034