1. Promotional Materials
Fitnationplus shall make available to Affiliate certain banner advertisements, button links, text links, and/or other graphic or textual material for display and use on the Affiliate website (the “Promotional Materials”). Affiliate shall display the Promotional Materials on Affiliate’s website prominently and as Affiliate sees fit, provided that the manner of display shall be subject to the terms and conditions of this Agreement. Affiliate shall also include a link from the Promotional Materials to Fitnationplus.com, herein referred to as Fitnationplus’s website, as specified by Fitnationplus.
2.
Use of Promotional Materials
The
Affiliate’s use and display of the Promotional Materials on the
Affiliate’s site shall conform to the following terms, conditions
and specifications:
- The affiliate may only use the Promotional Materials for the purpose of promoting Fitnationplus’s website (and the products and services available thereon), and for linking to my.Fitnationplus.com.
- Affiliate will not alter, add to, subtract from, or otherwise modify the Promotional Materials as they are prepared by Fitnationplus. If Affiliate wishes to alter or otherwise modify the Promotional Materials, Affiliate must obtain prior written consent from Fitnationplus for such alteration of modification.
- The Promotional Materials will be used to link only to Fitnationplus.com, to the specific page and address as specified by Fitnationplus.
3. License
Fitnationplus hereby grants to Affiliate a nonexclusive, nontransferable license (the “License”) to use the Promotional Materials as specified under the terms and conditions of this Agreement. The term of the License shall expire upon the expiration or termination of this Agreement.
4. Intellectual Property
Fitnationplus retains all right, ownership, and interest in the Promotional Materials, and in any copyright, trademark, or other intellectual property in the Promotional Materials. Nothing in this Agreement shall be construed to grant Affiliate any rights, ownership or interest in the Promotional Materials, or in the underlying intellectual property, other than the rights to use the Promotional Materials granted under the License, as set forth in Section 3.
5.
Relationship of Parties
This
Agreement shall not be construed to create any employment
relationship, agency relationship, or partnership between
Fitnationplus and Affiliate. Affiliate shall provide services for
Fitnationplus as an independent contractor. Affiliate shall have no
authority to bind Fitnationplus into any agreement, nor shall
Affiliate be considered to be an agent of Fitnationplus in any
respect.
6. Commissions
Affiliate commissions terms, conditions, and specifications:
- In exchange for Affiliate’s display of the Promotional Materials, and for Affiliate’s compliance with and performance of the terms and conditions of this Agreement, Fitnationplus shall pay to Affiliate a commission (the “Commission”) in the amount of fixed price or a percentage of product sold to a user through a link on Affiliate’s website. The commission for each product is mentioned on their individual websites / pages. This percentage is subject to change by Fitnationplus at any time. Notification to Affiliate of any change in commission percentage will be given by Fitnationplus at the email address on hand for the Affiliate. Commission will be based on purchases made by the Affiliate referred customer for any new purchases. Commission payments do not apply to purchases made directly by Affiliate. Transactions that result in refunds or chargebacks will not be paid out.
- Fitnationplus shall keep accurate and up-to-date records of the data used to determine the total amount of Commissions owed to Affiliate. Affiliate shall be given reasonable access to these records upon request and is available through the affiliate area on the member page. Any discrepancy between the amount of Commissions owed according to these records, and the actual amount of Commissions paid to Affiliate in any period or periods shall be rectified by Fitnationplus within 14 days of discovering such discrepancy.
- Fitnationplus shall pay all Commissions accrued and payable to Affiliate within 45 days of the referred sale. Payment is made via the Affiliate PayPal account and email address on file. The minimum amount required for the payout is $200 USD and the minimum number of referrals (sale) should be 3
- All sales are tracked using the visitor’s IP Address and the use of cookies. We offer a cookie lifetime of 60 days.
- Affiliates are not allowed to buy stuff through their own affiliate link.
- Affiliates are not allowed to present any kind of cashback scheme by purchasing through their affiliate link.
- In the event that Affiliate materially breaches this Agreement and Fitnationplus terminates this Agreement within 30 days of such breach, then any accrued and payable Commissions owing to Affiliate shall be forfeited, and Fitnationplus shall not be obligated to pay such Commissions to Affiliate.
7.
Affiliate’s Representations and Warranties
Affiliate
represents and warrants the following:
- Affiliate has the legal authority to enter into this Agreement and to be bound to the promises, covenants, and other duties set forth in this Agreement.
- Affiliate’s website does not contain any materials that are:
- Sexually explicit, obscene, or pornographic;
- Offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability, or otherwise);
- Graphically violent, including any violent video game images
- Solicitous of any unlawful behavior; or
- Solicitous of any misleading behavior (i.e. invalid, expired coupons, promotions, or discounts)
- Solicitous offers, cash incentives on purchase through the affiliate link.
- c. Affiliate has obtained any necessary clearances, licenses, or other permission for any intellectual property used on Affiliate’s website. Nothing on Affiliate’s website infringes upon the intellectual property rights of any person or entity. No person or entity has brought or threatened an action claiming such infringement, nor does Affiliate have any reason to believe that any person or entity will bring or threaten such a claim in the future.
- Affiliate will not use the Promotional Materials in any manner other than those set forth in Section 2 above.
- Affiliate will not make any claim to ownership of the Promotional Materials, or of the copyright, trademark, or other intellectual property therein.
- Affiliate will not publish or otherwise distribute any advertising materials for Affiliate’s website that reference Fitnationplus or my.Fitnationplus.com unless Fitnationplus gives prior written consent to the distribution of such materials. Affiliate will not use Fitnationplus’s name (or any name that is confusingly similar to Fitnationplus’s name / it’s products / services) for any purpose on its website, in its promotional materials, or in any other context except to promote my.Fitnationplus.com as specified in this Agreement. Affiliate will not register any domain name that incorporates Fitnationplus’s name, or that is confusingly similar to Fitnationplus’s name.
- Affiliate will not engage in the distribution of any unsolicited bulk emails (spam) in any way mentioning or referencing Fitnationplus / it’s products / services or my.Fitnationplus.com.
- If the affiliate is using clocked links that redirect users to our website, the redirection method MUST BE 301 redirects. Affiliate has the legal authority to enter into this Agreement and to be bound to the promises, covenants, and other duties set forth in this Agreement.
- Affiliate’s website does not contain any materials that are:
- Sexually explicit, obscene, or pornographic;
- Offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability, or otherwise);
- Graphically violent, including any violent video game images
- Solicitous of any unlawful behavior; or
- Solicitous of any misleading behavior (i.e. invalid, expired coupons, promotions, or discounts)
- Solicitous offers, cash incentives on purchase through the affiliate link.
- PPC bidding is NOT allowed on the trademark keywords. (eg. Fitnationplus)
8.
Coupon and Deal Sites
Fitnationplus occasionally offers a coupon to select affiliates and to our newsletter subscribers. If you’re not pre-approved / assigned a branded coupon, then you’re not allowed to promote the coupon. Below are the terms that apply for any affiliate who is considering the promotion of our products in relation to a deal or coupon:
- Affiliates should NOT list coupon codes or discounts that are NOT exclusively provided to them.
- The affiliate should NOT promote any other coupon codes found elsewhere online.
- In case the affiliate needs an exclusive coupon, he/she should contact us.
- Affiliates may not use misleading text on affiliate links, buttons or images to imply that anything besides currently authorized deals to the specific affiliate.
- Affiliates should not mention misleading phrases implying coupons are available.
- Affiliates should not promote an outdated/expired coupon. It is the responsibility of an affiliate to keep the information updated.
- Affiliates may not generate pop-ups, pop-unders, iframes, frames, or any other seen or unseen actions that set affiliate cookies unless the user has expressed a clear and explicit interest in activating a specific saving by clicking on a clearly marked link, button or image for that particular coupon or deal. Your link must send the visitor to the merchant site.
- The user must be able to see coupon/deal/savings information and details before an affiliate cookie is set (i.e. “click here to see coupons and open a window to merchant site” is NOT allowed).
- Affiliate sites may not have “Click for (or to see) Deal/Coupon” or any variation when there are no coupons or deals available, and the click opens the merchant site or sets a cookie. Affiliates with such text on the merchant landing page will be removed from the program immediately.
9. Indemnification
Affiliate shall indemnify Fitnationplus and hold harmless Fitnationplus from any claim, damage, lawsuit, action, complaint, or other costs arising out of any breach of Affiliate’s warranties set forth in Section 7 above. Affiliate shall also indemnify and hold harmless Fitnationplus for any damage, loss or other cost arising out of the use or misuse by Affiliate of the Promotional Materials.
10.
Confidentiality
Any
information that Affiliate is exposed to by virtue of its
relationship with Fitnationplus under this Agreement, which
information is not available to the general public, shall be
considered to be “Confidential Fitnationplus Information.”
Affiliate may not disclose any Confidential Fitnationplus Information
to any person or entity, except where compelled by law, unless
Affiliate obtains prior written consent for such disclosure from
Fitnationplus.
11.
Termination
Fitnationplus
reserves the right to terminate any Affiliate account at any time,
for any violations of this agreement or no reason.
12. Taxes
Fitnationplus shall not be responsible for any taxes owed by Affiliate arising out of Affiliate’s relationship with Fitnationplus as set forth in this Agreement. Fitnationplus shall not withhold any taxes from the Commissions paid to Affiliate.
13.
Limitation of Liability
Fitnationplus
shall not be liable for any loss of profits or costs, or for any
direct, indirect, special, incidental or consequential damages,
including costs associated with the procurement of substitute goods
or services (whether Fitnationplus was or should have been aware or
advised of the possibility of such damage), arising out of or
associated with any loss, suspension or interruption of service,
termination of this Agreement, use or misuse of the Promotional
Materials, or other performance of services under this Agreement.
14.
Counterparts
This
Agreement may be executed in several counterparts, each of which
shall constitute an original and all of which, when taken together,
shall constitute one agreement.
15.
Severability
If
any part or parts of this Agreement shall be held unenforceable for
any reason, the remainder of this Agreement shall continue in full
force and effect. If any provision of this Agreement is deemed
invalid or unenforceable by any court of competent jurisdiction, and
if limiting such provision would make the provision valid, then such
provision shall be deemed to be construed as so limited.
16.
Headings
The
headings for section herein are for convenience only and shall not
affect the meaning of the provisions of this Agreement.
17.
Entire Agreement
This
Agreement constitutes the entire agreement between Fitnationplus and
Affiliate, and supersedes any prior understanding or representation
of any kind preceding the date of this Agreement. There are no other
promises, conditions, understandings or other agreements, whether
oral or written, relating to the subject matter of this Agreement.
18. Terms History
Last Modified: March 04, 2020
Created: March 04, 2020
