Anabolic Health Affiliate Terms and Conditions
Our affiliates are very important to us. We do our best to treat you with the fairness and respect you deserve. We simply ask the same consideration of you. We have written the following affiliate agreement with you in mind, as well as to protect our company’s good name. So please bear with us as we take you through this legal formality. If you have any questions, please don’t hesitate to let us know. We are strong believers in straight-forward and honest communication. For quickest results please email us at alex@anabolichealth.com.
AFFILIATE AGREEMENT
You are required to read and follow this full agreement. YOU MAY PRINT THIS PAGE FOR YOUR RECORDS. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND ANABOLIC HEALTH LLC BY SUBMITTING THE ONLINE APPLICATION YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.
Overview:
This Agreement contains the complete terms and conditions that apply to you becoming an affiliate or to remain as an existing affiliate for Anabolic Health. The purpose of this Agreement is to allow HTML linking between your website and the Anabolic Health website. Please note that throughout this Agreement, “we,” “us,” and “our” refer to anabolichealth.com and shop.anabolichealth.com, and “you,” “your,” and “yours” refer to the affiliate.
Affiliate Obligations:
To begin the enrollment process, you will complete and submit the online registration. The fact that we manually-approve applications does not imply that we may not re-evaluate your application at a later time. We may reject your application at our sole discretion. We may cancel your application if we determine that your site is unsuitable for our Program, including if it:
- Is inactive for more than 180 Days (less than 300 clicks)
- Promotes violence
- Uses Content Pulled Directly from our Site without Permission
- Claims to diagnose, treat, cure or prevent any disease with our products.
- Failure to disclose the affiliate relationship for any promotion that qualifies as an endorsement under existing Federal Trade Commission guidelines and regulations, or any applicable state laws.
- Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
- Promotes illegal activities
- Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law
- Includes “Anabolic Health” or variations or misspellings thereof in its domain name
- Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us at our sole discretion.
- You may not create or design your website or any other website that you operate, explicitly or implied in a manner which resembles our website nor design your website in a manner which leads customers to believe you are anabolichealth.com or any other affiliated business.
- As a member of Anabolic Health Affiliate Program, you will have access to the Affiliate Panel. Here you will be able to review our Program’s details and previously-published affiliate resources, download HTML code (that provides for links to web pages within the anabolichealth.com website), custom links, custom coupon codes and banner creatives. In order for us to accurately keep track of all guest visits from your site to ours, you must use the HTML code, links or coupon codes that we provide you with.
- Anabolic Health reserves the right, at any time, to review your placement and approve the use of Your Links and require that you change the placement or use to comply with the guidelines provided to you.
- The maintenance and the updating of your site will be your responsibility. We may monitor your site as we feel necessary to make sure that it is up-to-date and to notify you of any changes that we feel should enhance your performance.
- It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any person’s copyrighted material, whether it be a writing, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person’s copyrighted material or other intellectual property in violation of the law or any third party rights.
- It is entirely your responsibility to follow all applicable FDA and FTC laws concerning the making of claims pertaining to our products…
Anabolic Health Rights and Obligations
- We have the right to monitor your site at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to your site that we feel should be made, or to make sure that your links to our website are appropriate and to notify further you of any changes that we feel should be made. If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participation in the Anabolic Health Affiliate Program.
- Anabolic Health reserves the right to terminate this Agreement and your participation in the Anabolic Health Affiliate Program immediately and without notice to you should you commit fraud in your use of the Anabolic Health Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected, Anabolic Health shall not be liable to you for any commissions for such fraudulent sales.
- This Agreement will begin upon our acceptance of your Affiliate application and will continue unless terminated hereunder.
Termination:
Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of phone, mail, email or fax. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you. Automatic Termination By Us If Your Account Is Deemed Inactive:
If your Affiliate Account is inactive, your Agreement and participation in the Anabolic Health Affiliate Program will automatically terminate. “Inactive” means you have not actively promoted Anabolic Health services and have less than 300 clicks within 180 days from your affiliate links to the Anabolic Health website or campaign funnels. In the event of termination your affiliate account will be removed and unable to reactivate.
Modification:
We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and Anabolic Health Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in Anabolic Health Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.
Payment
Anabolic Health determines funds and deposits are made each month for the previous month’s commissions. Commissions will be generated through a PayPal, Bank Transfer or Gift Card transaction. Anabolic Health also recommends you look over and review your commissions monthly and reach out with any questions or discrepancies in which we will resolve together in a timely manner.
Access to Affiliate Account Panel
You will create a password so that you may enter Anabolic Health secure affiliate account interface. From their site, you will be able to receive your reports that will describe our calculation of the commissions due to you, as well as user resources, banners, and links for affiliate marketing use.
Promotion Restrictions | IMPORTANT SECTION
- You are free to promote your own websites, but naturally, any promotion that mentions Anabolic Health could be perceived by the public or the press as a joint effort. You should know that certain forms of advertising are always prohibited by Anabolic Health. For example, advertising commonly referred to as “spamming” is unacceptable to us and could cause damage to our name. Other generally prohibited forms of advertising include the use of unsolicited commercial email (UCE), postings to non-commercial newsgroups and cross-posting to multiple newsgroups at once. In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address. You may use mailings to customers to promote Anabolic Health so long as the recipient is already a customer or subscriber of your services or website, and recipients have the option to remove themselves from future mailings. Also, you may post to newsgroups to promote Anabolic Health so long as the newsgroup specifically welcomes commercial messages. At all times, you must clearly represent yourself and your websites as independent from Anabolic Health. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in the Anabolic Health Affiliate Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.
- Affiliates may not use in their Pay-Per-Click campaigns keywords such as Anabolic Health, anabolichealth.com, and/or any misspellings or similar alterations of these. Violators will be considered trademark violators and will be banned from Anabolic Health Affiliate Program. We will do everything possible to contact the affiliate prior to the ban. However, we reserve the right to expel any trademark violator from our affiliate program without prior notice, and on the first occurrence of such PPC bidding behavior.
- Affiliate shall not transmit any so-called “interstitials,” “Parasiteware™,” “Parasitic Marketing,” “Shopping Assistance Application,” “Toolbar Installations and/or Add-ons,” “Shopping Wallets” or “deceptive pop-ups and/or pop-unders” to consumers from the time the consumer clicks on a qualifying link until such time as the consumer has fully exited Anabolic Health site (i.e., no page from our site or any anabolichealth.com’s content or branding is visible on the end-user’s screen). As used herein a. “Parasiteware™” and “Parasitic Marketing” shall mean an application that (a) through accidental or direct intent causes the overwriting of affiliate and non affiliate commission tracking cookies through any other means than a customer initiated click on a qualifying link on a web page or email; (b) intercepts searches to redirect traffic through an installed software, thereby causing, pop ups, commission tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search (search engines being, but not limited to, Google, MSN, Yahoo, Overture, AltaVista, Hotbot and similar search or directory engines); (c) set commission tracking cookies through loading of Anabolic Health site in IFrames, hidden links and automatic pop ups that open Anabolic Health site; (d) targets text on websites, other than those websites 100% owned by the application owner, for the purpose of contextual marketing; (e) removes, replaces or blocks the visibility of Affiliate banners with any other banners, other than those that are on websites 100% owned by the owner of the application.
- Any promotional imaging within the swipe files provided weekly or within the Affiliate Resource Area in the Portal has the ability to be used within marketing tactics.You may not take photos/videos from Anabolic Health website or the channels without expressed permission.
Grant of Licenses
- We grant to you a non-exclusive, non-transferable, revocable right to (i) access our site through HTML links solely in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the “Licensed Materials”) that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of Anabolic Health Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of Anabolic Health and the goodwill associated therewith will inure to the sole benefit of Anabolic Health.
- Each party agrees not to use the other’s proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.
Disclaimer
ANABOLIC HEALTH MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING ANABOLICHEALTH.COM SERVICE AND WEBSITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF ANABOLIC HEALTH ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
Representations and Warranties
You represent and warrant that:
- This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;
- You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party;
- You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
Indemnification
You hereby agree to indemnify and hold harmless Anabolic Health, and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.
Confidentiality
All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked “Confidential,” will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.
Miscellaneous | IMPORTANT SECTION
- You may use swipe files, images and other materials found inside the affiliate panel or from our emails to you as is or alter them however you see fit (as long as within the other guidelines). You may NOT copy full text or images straight from our website (except product photos in cases where they are not inside the affiliate portal), be that sales, blog posts, emails without permission, except as permitted by Fair Use. If in doubt, ask.
- You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Anabolic Health. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on Your Site or any other of Your Site or otherwise, that reasonably would contradict anything in this Section.
- Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.
- You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
- This Agreement represents the entire agreement between us and you and shall supersede all prior agreements and communications of the parties, oral or written.
- The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
- If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.
Electronic Signatures Effective
The Agreement is an electronic contract that sets out the legally binding terms of your participation in the Anabolic Health affiliate program. You indicate your acceptance of this Agreement and all of the terms and conditions contained or referenced in this Agreement. This action of acceptance creates an electronic signature that has the same legal force and effect as a handwritten signature.
