To: All Fat Loss Troubleshoot and Metabolic Repair Manual Affiliates
From: Leigh Peele
Last update: July 23,2008
If you're like most affiliates or internet marketers, you may have a habit of
skipping over long and boring affiliate agreements and anti spam policy pages.
However, DO NOT skip this one! Why? Because THERE IS NO TOLERATION OF SPAMING
OR AFFILIATE PROGRAM ABUSE IN ANY WAY, SHAPE, OR FORM! If you break the rules,
your Clickbank account WILL BE SHUT DOWN AND YOU MAY
FORFEIT YOUR EARNINGS! Clickbank will shut down
spammers if these rules are broken. Please read every word of this agreement so
you know the rules!
Fatlosstoubleshoot.com AFFILIATE
AGREEMENT
This agreement describes the terms and conditions for participation in the Fat
Loss Troubleshoot and Metabolic Repair Manual e-book Affiliate Program. In this
agreement, the term 'Affiliate' refers to you (the applicant). In this
agreement, Fat Loss Troubleshoot/Metabolic Repair Manual and/or FatLossTroubleshoot.com
refers to the product owner and publisher, FatLossTroubleshoot.com, a division
of Avidity Fitness LLC.
The Fat Loss Troubleshoot and Metabolic Repair Manual affiliate program (FatLossTroubleshoot.com)
is administered entirely through a 3rd party affiliate management company
called Clickbank (www.clickbank.com).
To enroll in the affiliate program, if they have not done so already, all affiliates
must sign up on the Clickbank website. FatLossTroubleshoot.com
affiliate program is governed by all rules, regulations, terms and conditions dictated
by Clickbank.com's Affiliate Site.
An affiliate account can be created by filling out and submitting the Clickbank affiliate sign up form at clickbank.com. On that
page, each new affiliate will be asked to choose a Clickbank
account name (also called a Clickbank affiliate
'nickname'), consisting of 5 - 10 letters and digits. This Clickbank
nickname will be used in the affiliate hoplink. When
a prospective customer clicks on an affiliate's hoplink
the destination website will be www.FatLossTroubleshoot.com.
Commissions
Affiliates will receive 52% of the revenue as a commission from orders placed
through properly coded Affiliate links (unless noted otherwise for a particular
product), less the charges outlined in the: ClickBank
accounting policy page. Commissions may change at the discretion of the
product publisher, FatLossTroubleshoot.com. Commissions may increase during
limited time special promotions, but they will return thereafter to the regular
52% commission rate.
For a sale to generate a commission to an Affiliate, the customer must complete
the order form and remit full payment for the product ordered through the Clickbank secure order system. Word of mouth referrals will
not result in an affiliate commission being generated. Commissions will only be
paid on sales that are made when the customer clicks through qualified,
correctly structured Affiliate links. Properly coded links are the sole
responsibility of the affiliate.
Payment
ClickBank will send a check for the applicable
commissions within the framework of their payment policies: www.clickbank.com/paychecks.html.
If any order that generated an affiliate commission is returned by the
customer, or if there are any returned checks or charge backs, the amount will
be deducted by ClickBank from the next payment due to
the affiliate.
Order Fulfillment
FatLossTroubleshoot.com (via Clickbank) will be
solely responsible for processing every e-book order placed by a customer on
the Affiliate Site. Affiliates are not authorized to collect payments to sell
any FatLossTroubleshoot.com products from other websites as a 'reseller'and no
'resale' rights are granted in ANY way. Affiliates are not authorized to sell
any of these products on ebay or other auction sites
Affiliates are not authorized to give away copies of any of these products. FatLossTroubleshoot.com
will also be solely responsible for all customer service inquires. All
affiliates understand and acknowledge that no physical products will be
shipped. The Fat Loss Troubleshoot and
Metabolic Repair Manual is a PDF-format e-book, only available through download.
Customers
Customers who purchase products and services through the Affiliate Program will
be deemed to be customers of FatLossTroubleshoot.com. Accordingly, all rules,
policies, and operating procedures concerning customer orders and service will
apply to those customers. We may change our policies and operating procedures
at any time. Prices and availability of our products and services may vary from
time to time. FatLossTroubleshoot.com policies will always determine the price
paid by the customer.
Qualifying Sites
Clickbank.com reserves the right to refuse any site entry into the Affiliate
Program based on site content. Sites that do not qualify for the Affiliate
Program include sites which:
Promote sexually explicit materials
Promote violence
Promote discrimination based on race, sex, religion, nationality, disability,
sexual orientation, or age
Promote illegal activities
Infringe or otherwise violate any copyright, trademark, or other intellectual
property rights.
CLICKBANK.COM AND FATLOSSTROUBLESHOOT.COM
ANTI-SPAM POLICY
Clickbank and FatLossTroubleshoot.com strictly
prohibit its affiliates from using spam e-mail and other forms of Internet
abuse (including forum spam and blog spam) to seek
sales. Spam is defined as including, but not limited to, the following:
Electronic mail messages addressed to a recipient with whom the sender does not
have an existing business or personal relationship or is not sent at the
request of, or with the express consent of, the recipient through an opt in
subscription;
Messages posted to Usenet, forums and message boards that are off-topic
(unrelated to the topic of discussion), cross-posted to unrelated newsgroups,
posted in excessive volume, or posted against forum/message board rules. Be
conscious of forum rules! If a forum owner or moderator complains that an
affiliate has spammed, the affiliate account may be permanently terminated
after investigation.
Content posted on free blog websites for the sole
purpose of keyword spamming, or comments posted to legitimate blogs that violate the comment policy of the blog owner.
Solicitations posted to chat rooms, or to groups or individuals via Internet
Relay Chat or 'Instant Messaging' system (such as ICQ);
Certain off-line activities that, while not considered Spam, are similar in
nature, including distributing flyers or leaflets on private property or where
prohibited by applicable rules, regulations, or laws.
FatLossTroubleshoot.com, in conjunction with Clickbank.com may undertake, at
its sole discretion and with or without prior notice, the following enforcement
actions:
Account Termination: Upon the receipt of a credible complaint, FatLossTroubleshoot.com
administration may immediately contact Clickbank.com to investigate the
complaint, and if necessary, will then terminate the affiliate account of the
individual implicated in the abuse. Termination results in the immediate
closure of the Clickbank account, the loss of all
referrals, and the forfeiture of any unpaid money on account. At Clickbank's discretion, termination may not only result in
being banned from the Fat Loss Troubleshoot and Metabolic Repair Manual
affiliate program, but also being banned from ANY other Clickbank
affiliate programs.
If you wish to report a violation of our Anti-Spam Policy, please forward all
relevant evidence to our customer service department
For more information on what spam is, why it is bad, and what can be done about
it, visit:
The Responsible Internet Commerce Site
www.spam.abuse.net
The Mail Abuse Prevention System, LLC
www.mail-abuse.org
The Network Abuse Clearinghouse
www.abuse.net
The Coalition Against Unsolicited Commercial Email
www.cauce.org
Relationship of Parties
Affiliates are independent contractors, and nothing in this Agreement will
create any partnership, joint venture, agency, franchise, sales representative,
or employment relationship between the parties. Affiliates have no authority to
make or accept any offers or representations on our behalf. Affiliates will not
make any statement, whether on their sites or otherwise, that reasonably would
contradict this statement.
Term and Termination
The term of this Agreement will begin when you accept and will end when
terminated by either party. Either FatLossTroubleshoot.com or the affiliate may
terminate this Agreement at any time, with or without cause, by giving the
other party written notice of termination. Upon the termination of this
Agreement for any reason, all licenses granted hereunder shall immediately
terminate and you will immediately cease use of, and remove from Affiliate's
Web Site, all links to the FatLossTroubleshoot.com websites, and all FatLossTroubleshoot.com
trademarks and logos, other FatLossTroubleshoot.com Marks and all other
materials provided in connection with this program.
Limitation of Liability
FatLossTroubleshoot.com will not be liable for indirect, special, or
consequential damages (or any loss of revenue, profits, expenditures or data)
arising in connection with this Agreement or the Program, even if we have been
advised of the possibility of such damages. Further, our aggregate liability
arising with respect to this Agreement and the Program will not exceed the
total commissions paid or payable to the affiliate under to this Agreement.
Disclaimers
We make no express or implied warranties or representations with respect to the
Affiliate Program or an affiliate's potential to earn income from the Affiliate
Program. In addition, we make no representation that the operation of the FatLossTroubleshoot.com
websites or the Affiliate links will be uninterrupted or error-free, and FatLossTroubleshoot.com
will not be liable for the consequences of any interruptions or errors.
Assignment
You may not assign this Agreement, by operation of law or otherwise, without
our prior written consent. Subject to that restriction, this Agreement will be
binding on, inure to the benefit of, and enforceable against the parties and
their respective successors and assigns.
Miscellaneous
Our failure to enforce your strict performance of any provision of this
Agreement will not constitute a waiver of our right to subsequently enforce
such provision or any other provision of this Agreement.
If any of the provisions of this Agreement are determined by a court to be
unenforceable, they shall be severed from this Agreement, and the remaining
provisions shall remain in full force and effect.
By signing up with Clickbank, you acknowledge that
you have read this agreement and agree to all its terms and conditions. You
have independently evaluated this program and are not relying on any
representation, guarantee or statement other than as set forth in this agreement.
FATLOSSTROUBLESHOOT.COM
AFFILIATE PROGRAM EARNINGS DISCLAIMER
Any earnings or income statements, or earnings or income examples mentioned on
this website or in emails sent on behalf of FatLossTroubleshoot.com, are only
estimates of what we think you could earn or based on what other affiliates
have actually earned There is no assurance you will do as well. If you rely
upon any sales figures we provide, you must accept the risk of not doing as
well.
Where specific income figures are used, and attributed to an individual or
business, those persons or business have earned that amount. There is no
assurance you will earn the same amount. If you rely upon any figures we
provide, you must accept the risk of not doing as well.
Any and all claims or representations as to the income earnings of affiliates
from this website, are not to be considered as average earnings. There can be
no assurance that any prior successes, or past results, as to the income
earnings, can be used as an indication of your future success or results.
Monetary and income results are based on many factors. We have no way of
knowing how well you will do, as we do not know you, your background, your work
ethic, or your business skills or business practices. Therefore, we do not guarantee
or imply that you will get rich, that you will do as well, or make any money at
all. There is no assurance you will do as well. If you rely upon our figures,
you must accept the risk of not doing as well.
Internet businesses and earnings derived wherefrom, have unknown risks involved
and are not suitable for everyone. Making decisions based on any information
presented in our products, services, or website, should be done only with the
knowledge that you could experience losses, or make no money at all.
All products, information and services by our company are for educational and
informational purposes only. Use caution and seek the advice of qualified
professionals. Check with your accountant, lawyer or professional advisor,
before acting on this or any information.
Users of our products, services and website are advised to do their own due
diligence when it comes to making business decisions and all information,
products and services that have been provided should be independently verified
by your own qualified professionals. Our information, products, and services on
this website should be carefully considered and evaluated, before reaching a
business decision, on whether to rely on them.
You agree that FatLossTroubleshoot.com is not responsible for the success or
failure of your business decisions relating to any information presented by our
company, or our company products or services.
Sincerely,
Leigh Peele, NASM-CPT
Author, Fat Loss Troubleshoot and Metabolic Repair Manual
Click Here To Contact Me
