Affiliate Agreement, Anti-Spam Policy
& Earnings Disclaimer
This agreement describes the entire terms and conditions for participation in the bodybuilding4idiots.com Affiliate Program.
In this Agreement, "bodybuilding4idiots.com," "we," "our" and "us" means bodybuilding4idiots.com and crestway marketing ltd, and "you", or "Affiliate" means the applicant desiring to participate in the bodybuilding4idiots.com Affiliate Program (the "Affiliate Program"). "Link" or "Links" refers to any hypertext link, URL, banner, graphical or text ad containing a reference to bodybuilding4idiots.com or its products or services or web properties pursuant to this Agreement. The "bodybuilding4idiots.com Site" or "Our Site" means the web site located at or other bodybuilding4idiots.com owned Internet properties, "our" meaning belonging to or pertaining to bodybuilding4idiots.com. "Your Site" means the web site or sites, or other online marketing venues upon which you establish the Links to Our Site as part of the Affiliate Program. The term "bodybuilding4idiots.com Services" means any bodybuilding4idiots.com service or product as well as any services or products that bodybuilding4idiots.com may introduce from time to time in the future and offer through the Affiliate Program.
The bodybuilding4idiots.com affiliate program is administered through a 3rd party affiliate management company called Clickbank (www.clickbank.com).
An affiliate account can be created by filling out and submitting the clickbank affiliate sign up form here: http://secure.clickbank.net/signup.cgi?hop=thinthighs.clickbank. On that page, each new affiliate will be asked to choose a clickbank account name (also called a clickbank "nickname"), consisting of 5 ? 10 letters and digits). This clickbank nickname will be used in the affiliate hoplink.
Affiliates will receive 75% 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: http://www.clickbank.com/paychecks.html.
ClickBank will send a check for the applicable commissions within the framework of their payment policies: http://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.
Bodybuilding4idiots.com will be solely responsible for processing every order placed by a customer on the Affiliate Site. Affiliates are not authorized to collect payments or sell any bodybuilding4idiots.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. Bodybuilding4idiots.com will also be solely responsible for all customer service inquires.
Customers who purchase products and services through the Affiliate Program will be deemed to be customers of bodybuilding4idiots.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. Bodybuilding4idiots.com policies will always determine the price paid by the customer.
Qualification for Commissions
Affiliates must have an active link from their website to their Affiliate link in order to qualify for commissions.
Bodybuilding4idiots.com reserves the right not to accept any site into the Affiliate Program based on site content. Sites that Do Not Qualify for the Affiliate Program include sites which:
• Promote sexually explicit materials
Unsolicited Commercial Email or SPAM (Bodybuilding4idiots.com anti-spam policy)
Bodybuilding4idiots.com in no way participates in mass unsolicited emailing (i.e. spamming), and all Affiliates are expected to adhere to this policy as well.
Clickbank and bodybuilding4idiots.com strictly prohibit its affiliates from using spam e-mail and other forms of Internet abuse to seek sales. Spam is defined as including, but not limited to, the following:
Relationship of Parties
You are an independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You have no authority to make or accept any offers or representations on our behalf. You 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 bodybuilding4idiots.com or you 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 Bodybuilding4idiots.com Site, and all bodybuilding4idiots.com logos, other bodybuilding4idiots.com Publishing Marks and all other materials provided in connection with this Agreement.
We may reject your application or terminate you if we determine (in our sole discretion) that your site is unsuitable for the Program for any reason, including, harmful, threatening, defamatory, obscene, sexually explicit harassing, or racially, ethically, or otherwise objectionable, such as sites that:
· Promote sexually explicit materials;
· Promote violence;
· Promote discrimination based on sex, religion, nationality, disability, sexual orientation, or age;
· Promote illegal activities; or
· Infringe or otherwise violate any copyright, trademark, or other intellectual property rights.
Limitation of Liability
Bodybuilding4idiots.com will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, 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.
We make no express or implied warranties or representations with respect to the Affiliate Program or your potential to earn income from the Affiliate Program. In addition, we make no representation that the operation of the bodybuilding4idiots.com websites or the Affiliate links will be uninterrupted or error-free, and bodybuilding4idiots.com will not be liable for the consequences of any interruptions or errors.
This policy and the use of this Site are governed by the law. If a dispute arises under this Policy we agree to first try to resolve it with the help of a mutually agreed-upon mediator. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.
This statement and the policies outlined herein are not intended to and do not create any contractual or other legal rights in or on behalf of any party.
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.
AFFILIATION AND COMPENSATION DISCLOSURES
As of December 1st, 2009, The Federal Trade Commission of the United States of America has set forth new Guidelines for Endorsements and Testimonials, demanding that all Endorsers and Testimonial Givers divulge the nature of their compensation and affiliation with the product company or manager.
Therefore as part of this affiliate agreement, you agree to 'Clearly and Conspicuously' divulge how you are monetarily compensated through your referral sales, and that you receive(d) any other compensation from bodybuilding4idiots.com , monetary or otherwise, as the case may be, whenever you put forth any endorsement or testimonial in any media with the purpose of endorsing our products or services with the intent to sell them to consumers.
You further agree to use only the promotional materials that have been sanctioned by bodybuilding4idiots.com and to take full responsibility for your own actions should you be investigated for not adhering to the Federal Trade Commission of the United States of America has set forth new Guidelines for Endorsements and Testimonials, and shall not hold bodybuilding4idiots.com responsible in any way for actions or use of promotional materials not sanctioned by bodybuilding4idiots.com.
You further agree that you have read and understand the new Guidelines for Endorsements and Testimonials 16 CFR Part 255 (which can be found at http://www.ftc.gov/os/2009/10/091005endorsementguidesfnnotice.pdf ) that the Federal Trade Commission of the United States of America has set forth and which go into effect on December 1st, 2009. And you also hereby agree to uphold ALL of the provisions contained in that document while endorsing or promoting products or services for bodybuilding4idiots.com
Failure to do so may (at the sole discretion of bodybuilding4idiots.com) result in immediate termination of your affilaite account, and forfieture of any commissions accrued.
Bodybuilding4idiots.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 bodybuilding4idiots.com, are only estimates of what we think you could earn. 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.
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.