Insane Labz® Australia Affiliate AgreementThis Affiliate Agreement (the "Agreement") is made by LeCheek Nutrition, Inc. dba Insane Labz® (hereafter referred to as “Insane Labz”), and YOU, as an Affiliate user of the InsaneLabz® Asylum Affiliate Program ("You", "Your", "Affiliate"). To be an authorized Affiliate of Insane Labz, you
I. VERIFY THAT YOU ARE 18 YEARS OF AGE OR OLDERII. VERIFY THAT THE INFORMATION PROVIDED IN YOUR REGISTRATION IS TRUE AND CORRECTIII. VERIFY THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT IN ITS ENTIRETY AND AGREE TO ABIDE BY THE TERMS AND CONDITIONS CONTAINED HEREIN.
Please read this Agreement carefully before registering and using the Insane Labz Affiliate Program. By signing up for Insane Labz Affiliate Program, you indicate your acceptance of this Agreement and its terms and conditions. If you do not accept this Agreement, do not sign up for the Insane Labz Affiliate Program. INSANE LABZ AFFILIATE PROGRAM IS ONLY AVAILABLE TO INDIVIDUALS THAT ARE 18 YEARS OLD OR OLDER. Disclaimer: Insane Labz may use a third party Affiliate management company. Nothing in this Agreement is meant to replace or alter the third parties individual terms and conditions.
1. ENROLLMENT IN THE PROGRAM
2. RESPONSIBILITY OF THE AFFILIATE
- 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.
- Your registration is the only step necessary for enrollment in the program. Upon receipt of your registration, we will review the social media channels that can be attributed to you (including, but not limited, to the information provided in your registration.
- 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:
- Promotes sexually explicit material
- Promotes violence or hate towards any persons or groups
- Promotes illegal activities
- Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
- Contains, in our sole judgement, material that is defamatory, fraudulent, or harassing to us or any third party
- Is unrelated content that is not a good fit for our brand
- Otherwise violates intellectual property rights of Insane Labz, thereof, according to US and international law and the laws of the State of Arkansas
- Disparage Insane Labz in any way
- 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.
- 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® , Insane Filmz® , Dark Metal® , LeRoz® , AMPiberry® , AMPiberry+® , OXYGOLD® , Possessed® , Quarantine®, Manson® , Thrasher® , Hottie® , After Brew® . 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.
- 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.
- 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.
- 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.
3. COMMISSION TERMS AND PAYOUTS
- As a Program Affiliate, YOU will have the obligation to place links on YOUR social media platforms a MINIMUM OF 3 TIMES PER WEEK directing users to Insane Labz site
- Affiliate must make introductory post announcing affiliation with Insane Labz within five (5) days of acceptance.
- Affiliate must promote Insane Labz using hashtags #insanelabz and #jointheasylum.
- Insane Labz will make a available to YOU Affiliate link(s) which can be placed on YOUR social media platforms directing users to Insane Labz website via hypertext link
4. TIER BREAKDOWNS
- Commission payouts are paid monthly on or around the first business day of each month. Insane Labz reserves the right to alter payout schedule based on holidays or weekends.
- 30% off codes are not applicable to certain sale items and merchandise.
- Insane Labz reserves the right to alter what items 30% off codes apply to, without notice
- 30% off codes may not be used to purchase through ANY affiliate link
- 30% off codes are for personal, affiliate use ONLY and may not be shared
- Insane Labz reserves the right to lower your current Tier or cancel this Agreement at any time if activity decreases or stops.
- Commision payouts are based on gross sales made through YOUR affiliate link(s) and does not include shipping, sales tax, or special services.
- There will be a MINIMUM earned payout balance of $50.00 before any commissions are paid.
- "Insane" tier - All Affiliates enter at this Tier
- YOU will receive a 30% off PERSONAL USE code and 15% off PUBLIC code
- YOU will receive 5% commission on credited sales through your affiliate link(s)
5. TERMS OF AGREEMENT
6. RELATIONSHIP TO PARTIES
- The term of this Agreement will begin upon our acceptance of your Affiliate registration and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause. Upon termination, all Insane Labz related content and links shall be promptly removed from your sites.
7. NON COMPETE
- 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.
- 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.
- Affiliate shall forward all inquiries regarding Insane Labz, Insane Labz products, or affiliate details to Insane Labz.
- Insane Labz reserves the right to use YOUR content for promotional purposes and may post and tag YOU anytime we deem fit.
8. PROMOTION OF OUR AFFILIATE RELATIONSHIP
- 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.
9. FTC ENDORSEMENT COMPLIANCE
- 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.
10. FTC DISCLOSURE
- 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.
- 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.
- 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.
- 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:
- Social media posts (Twitter, Instagram, Facebook, Snapchat, Tumblr, Vero, etc)
- Blog posts
- Live streaming (Twitch, Mixer, Facebook Gaming, YouTube, Instagram, etc)
- Pre Recorded Content (YouTube, Twitch, Podcasts, etc)
- If any content contains Insane Labz products, an affiliate link, an affiliate code, or Insane Labz branding, disclosure is required by law.
- 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.
- 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.
- 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.
- 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.
13. ENTIRE AGREEMENT
- 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
- 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.
- 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.
Update Effective 09/05/2018