Insane Labz® Affiliate Agreement

1. You must submit a completed Program registration/application to begin the enrollment process. Submission of your registration/application to the Insane Labz Affiliate Program implies acceptance to the terms set forth in this Agreement.
2. Your registration is the only step necessary for enrollment in the program.  Upon receipt of your registration, we will review your order history, as well as the social media channels that can be attributed to you (including, but not limited, to the information provided in your registration).
1. TO QUALIFY FOR CONSIDERATION, APPLICANTS MUST MEET THE FOLLOWING  CONDITIONS: 
   
   1. MUST BE AT LEAST 18 YEARS OF AGE ON THE DATE OF REGISTRATION 
   2. MUST BE A US RESIDENT
   3. MUST HAVE PUBLIC SOCIAL MEDIA ACCOUNTS
   4. MUST HAVE AT LEAST 200 INSTAGRAM FOLLOWERS WITH AN AVERAGE OF 20% RATE OF ENGAGEMENT*
   5. MUST HAVE AT LEAST 90 DAYS OF FITNESS RELATED CONTENT ON INSTAGRAM*
   6. MUST HAVE A PURCHASE HISTORY OF AT LEAST TWO (2) ORDERS FROM INSANELABZ.COM
   *OTHER SOCIAL MEDIA CHANNELS WILL BE CONSIDERED/REVIEWED ON A CASE BY CASE BASIS
   
   ANY APPLICANT THAT DOES NOT MEET THESE REQUIREMENTS WILL AUTOMATICALLY BE DISQUALIFIED AND WILL NOT RECEIVE A RESPONSE. 
   
3. We may revoke your registration if, in our sole discretion, we determine for any reason that your content is unsuitable for the Program. Unsuitable content includes, but is not limited to, content that:
1. Promotes sexually explicit material
2. Promotes violence or hate towards any persons or groups
3. Promotes illegal activities
4. Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
5. Contains, in our sole judgement, material that is defamatory, fraudulent, or harassing to us or any third party
6. Is unrelated content that is not a good fit for our brand
7. Otherwise violates intellectual property rights of Insane Labz, according to US and international law and the laws of the State of Arkansas
8. Disparages Insane Labz in any way
4. Affiliates are prohibited from selling any InsaneLabz® products or merchandise.  This includes through personal websites, social media networks and third-party marketplace websites such as eBay, Amazon, Jet, etc.  Violation of this term will result in termination of this agreement and any and all legal remedies that may be available to us.  
   
5. Whether or not trademark symbol(s) are included, affiliates are prohibited from using any InsaneLabz® trademark or trade name in social media handles or usernames.  These include, but are not limited to: InsaneLabz®, Psychotic®, LeCheek Nutrition®, Dark Metal®, LeRoz®, AMPiberry®, AMPiberry+®, OXYGOLD®, Possessed® and Manson®. Violation of this term will result in termination of this agreement and any and all legal remedies that may be available to us.  Violators will be reported through the appropriate social media channel for copyright infringement.
6. Regardless of your acceptance in the Program, we may terminate this Agreement for any reason, at any time. The terms of this Agreement and our acceptance criteria are subject to change at any time without prior notice. All decisions for acceptance into the Insane Labz Affiliate Program will be made within our sole discretion. 
7. If your status is revoked, you may reapply to the Program after 90 days.  If we are unable to approve your reapplication, or if we revoke your affiliate registration a second time, you will not be eligible to reapply for the Asylum Affiliate Program.
8. Affiliates who have not been approved or have had their registration revoked must not use any of our intellectual property (images, logos, banners) or link to any of our sites or properties.
   

1. As a Program Affiliate, YOU will have the obligation to place codes on YOUR social media platforms a MINIMUM OF 3 TIMES PER WEEK directing users to Insane Labz site 
2. Affiliate must make introductory post announcing affiliation with Insane Labz within five (5) days of acceptance.
3. Affiliate must promote Insane Labz using hashtags: #insanelabz #jointheasylum #traininsaneorstaythesame
4. Insane Labz will make a available to YOU a public "Affiliate Discount Code" which can be placed on YOUR social media platforms directing users to Insane Labz, and offering the current discount associated with your code.
   
5. Affiliate must complete and return an IRS form W-9 prior to any payment being issued via PayPal. Each calendar year, an updated W-9 must be submitted before additional payments can be made. Customers who have selected PayPal as their payment method, but do not have a current W-9 on file, will be paid via store credit.  We will not transfer any payments made via store credit to PayPal.*

1. Commission payouts are paid monthly on or around the fifth business day of each month. Insane Labz reserves the right to alter payout schedule based on holidays or weekends.
2. YOU can offer a 35% off custom code and affiliate link after approval into the affiliate program to your friends/followers and audience. 
3. Your Affiliate Link will provide sales credited to you, even when discount codes are not applicable.
4. PUBLIC and PERSONAL discount codes are not applicable to certain sale items and merchandise.
1. Insane Labz reserves the right to alter what items discount codes apply to, without notice
2. PERSONAL discount codes are for personal, affiliate use ONLY and may not be shared.
   
5. Insane Labz reserves the right to cancel this Agreement at any time if activity decreases or stops.
6. Commision payouts are based on net sales made through YOUR affiliate link(s) or with your PUBLIC discount code and does not include shipping, sales tax, or special services. 
7. There will be a MINIMUM earned payout balance of $50.00 before any commissions are paid.
8. For affiliates who wish to receive payment via PayPal, an IRS W-9 form must be completed and forwarded to affiliate@insanelabz.com. (See additional information on the Affiliate Dashboard Info page.)

1. Nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between YOU and Insane Labz. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement online or otherwise, that contradicts anything in this agreement.
2. Insane Labz makes no representations and warranties regarding potential income that may result from participation in this Affiliate Program and specifically disclaims any and all warranties relative to earning potential from the affiliate status.
3. Affiliate shall forward all inquiries regarding Insane Labz, Insane Labz products, or affiliate details to Insane Labz.
4. Insane Labz reserves the right to use YOUR content for promotional purposes and may post and tag YOU anytime we deem fit.

1. Affiliates will not promote brands in direct competition with Insane Labz on any social media, or created content. This includes, but is not limited to brands specializing in fitness supplements, weight loss supplements, energy supplements, and energy drinks.

1. EXCEPT AS PERMITTED HEREIN, YOU SHALL NOT AND ARE NOT AUTHORIZED TO (i) USE THE INSANE LABZ® TRADEMARK, NAME OR ANY OF OUR OTHER INTELLECTUAL PROPERTY, INCLUDING WITHOUT LIMITATION,THE LINKS, AND THE TRADEMARKED MATERIALS (OR ANY VARIATIONS OR MISSPELLINGS THEREOF OR OTHER TERM OR TERMS CONFUSINGLY SIMILAR TO ANY OF THE FOREGOING) WITHOUT INSANE LABZ EXPRESS PRIOR WRITTEN PERMISSION;(ii) USE INSANE LABZ IP IN A DOMAIN OR WEBSITE NAME, IN ANY BIDS FOR KEYWORDS OR GOOGLE ADWORDS (OR SIMILAR PROGRAMS AT OTHER SEARCH ENGINES), IN ANY SEARCH ENGINE ADVERTISING (PAID OR OTHERWISE), IN ANY META TAGS, ADVERTISING, SEARCH TERMS, CODE, OR OTHERWISE; (iii) ACT IN ANY WAY THAT CAUSES OR CREATES OR COULD CAUSE OR CREATE ANY “INITIAL INTEREST CONFUSION: OVER THE USE OF INSANE LABZ IP ON THE INTERNET OR IN ANY SEARCH ENGINE ADVERTISING. YOUR USE OF INSANE LABZ IP IN ANY MANNER, OTHER THAN AS EXPRESSLY PERMITTED HEREUNDER SHALL CONSTITUTE UNLAWFUL INFRINGEMENT OF INSANE LABZ INTELLECTUAL PROPERTY RIGHTS, AND MAY SUBJECT YOU TO CLAIMS FOR DAMAGES (INCLUDING POTENTIAL TREBLE DAMAGES FOR KNOWING OR WILFUL INFRINGEMENT), AND THE OBLIGATION TO PAY INSANE LABZ LEGAL FEES AND COSTS IN CONNECTION WITH ANY ACTION OR PROCEEDING IN WHICH INSANE LABZ SEEKS TO ENFORCE ITS RIGHTS UNDER THIS AGREEMENT OR WITH REGARD TO ANY OF INSANE LABZ INTELLECTUAL PROPERTY RIGHTS.

1. It is the intent of Insane Labz to treat all our customers fairly. Accordingly, we require all Insane Labz Affiliates to comply with applicable laws, regulations and guidelines concerning advertising and marketing, including without limitation, the Federal Trade Commission (FTC) Endorsement Guides, which require that material connections between advertisers and endorsers be disclosed. This means that all Affiliate Sites (e.g. directories, review/rating websites, blogs, and other websites) and any email or collateral that provide an endorsement or assessment of Insane Labz® Products and Services must prominently disclose the fact that you receive compensation for Referred Customers.
2. Insane Labz reserves the right to withhold Commission Fees and cancel the affiliate relationship with you should we determine, at our sole discretion, that you are not in compliance with the previously mentioned guide or other FTC regulations or guides that we deem relevant.
3. Please note that this page is only intended to provide guidance. It does not purport to provide legal advice and it does not guarantee that you'll be in compliance with FTC regulations should you follow the suggestions presented. You are advised to seek and obtain your own legal advice on how these rules apply to your website or other promotional activities for which you receive compensation.

1. Affiliate shall disclose their relationship with Insane Labz whenever discussing or promoting Insane Labz and/or Insane Labz products. This is including but not limited to:
1. Social media posts (Twitter, Instagram, Facebook, Snapchat, Tumblr, Vero, etc)
2. Blog posts
3. Live streaming (Twitch, Mixer, Facebook Gaming, YouTube, Instagram, etc)
4. Pre Recorded Content (YouTube, Twitch, Podcasts, etc)
2. If any content contains Insane Labz products, an affiliate link, an affiliate code, or Insane Labz branding, disclosure is required by law.
3. Disclosure on social media posts can be handled with #ad, #sponsored, #paid in said posts. In videos or live streaming, if affiliate mentions Insane Labz, or it’s products, mention of affiliation with Insane Labz is required.
4. Any affiliate who fails to legally disclose relationship between themselves and Insane Labz, and said failure results in disciplinary action by the FTC, the affiliate will be solely responsible for any fines and/or legal fees imposed upon Insane Labz.

1. Insane Labz hereby disclaims any and all warranties and liability related to any downtime or failure for users to be able to access its web site or third-party providers website. Furthermore, Insane Labz shall not be responsible for and hereby disclaims any and all warranties related to its website, the Affiliate Program, your participation in the Affiliate Program, or your ability to make any commissions or otherwise profit through the participation in this Affiliate Program, including but not limited to any warranties of fitness for any particular purpose or merchantability non-infringement, or any claim made based upon Insane Labz course of dealing or usage of trade. Insane Labz does not represent or warrant thats its website or third-party providers website will be error free or that they will function without interruption.
2. Insane Labz shall not be responsible for any direct or indirect damages or liabilities of any nature, including but not limited to incidental, consequential, indirect, or special damages, loss profits, lost business opportunity or any other damages; regardless of whether the owner was or have been advised of the possibility of the same and took no action to prevent the same.

1. Insane Labz reserves the right in its sole and absolute discretion, to modify any terms and conditions of the Affiliate Program and the terms and conditions of this Agreement upon notice to YOU. Notice of any changes may be given via email or by posting such changes in the Affiliate Program section of the website. YOU may terminate participation in the Affiliate Program in the event that any of these modifications are unacceptable to YOU. Such termination shall be the sole and exclusive remedy. In the event YOU continues to participate in the Affiliate Program following such modifications, YOU will be deemed by YOUR continued participation to accept any and all such changes

1. This Agreement sets forth the entire agreement and understanding between the parties with respect to the subject matter hereof and supersedes any and all prior discussions, understandings, agreements, representations, warranties or covenants between the parties related to the subject matter hereof. This Agreement may only be amended by a writing signed by the authorized representative of each of the parties, except as otherwise set forth herein. Any waiver of a breach or default under this Agreement shall not constitute a waiver of any subsequent or other breach or default and shall not serve to modify the agreements set forth herein.
2. If any provision or term of this Agreement is held to be invalid for any reason, it shall not affect the enforceability of the remainder of this Agreement or any other term or condition of this Agreement.