As an authorized affiliate (Affiliate) of FitTrack Incorporated, you agree to abide by the terms and conditions contained in this Agreement (Agreement). Please read the entire Agreement carefully before registering and promoting FitTrack Incorporated as an Affiliate.
Your participation in the Program is solely to legally advertise our website to receive a commission on memberships and products purchased by individuals referred to FitTrack Incorporated by your own website or personal referrals.
By signing up for the FitTrack Incorporated Affiliate Program (Program), you indicate your acceptance of this Agreement and its terms and conditions.
1. Approval or Rejection of the Application We reserve the right to approve or reject ANY Affiliate Program Application in our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Affiliate Program Application.
Commissions will be paid out in $100 increments.
Payments will only be sent for transactions that have been successfully completed. Transactions that result in chargebacks or refunds will not be paid out.
Your affiliate application and status in the Program may be suspended or terminated for any of the following reasons:
Spamming (mass email, mass newsgroup posting, etc.).
Advertising on sites containing or promoting illegal activities.
Violation of intellectual property rights. FitTrack Incorporated reserves the right to require license agreements from those who employ trademarks of FitTrack Incorporated in order to protect our intellectual property rights.
Offering rebates, coupons, or other form of promised kick-backs from your affiliate commission as an incentive. Adding bonuses or bundling other products with FitTrack Incorporated, however, is acceptable.
In addition to the foregoing, FitTrack incorporated reserves the right to terminate any Affiliate account at any time, for any violations of this Agreement or no reason.
4. Affiliate Links
You may use graphic and text links both on your website and within in your email messages. You may also advertise the FitTrack incorporated site in online and offline classified ads, magazines, and newspapers.
You may use the graphics and text provided by us, or you may create your own as long as they are deemed appropriate according to the conditions and not in violation as outlined in Condition 3.
5. Pay Per Click (PPC) Policy
PPC bidding is NOT allowed without prior written permission.
FitTrack incorporated will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate tracking failures, loss of database files, or any results of intents of harm to the Program and/or to our website(s).
We do not make any expressed or implied warranties with respect to the Program and/or the memberships or products sold by FitTrack incorporated. We make no claim that the operation of the Program and/or our website(s) will be error-free, and we will not be liable for any interruptions or errors.
7. Term of the Agreement
The term of this Agreement begins upon your acceptance in the Program and will end when your Affiliate account is terminated.The terms and conditions of this agreement may be modified by us at any time. If any modification to the terms and conditions of this Agreement are unacceptable to you, your only choice is to terminate your Affiliate account. Your continuing participation in the Program will constitute your acceptance of any change.
Affiliate shall indemnify and hold harmless FitTrack Incorporated and its affiliate and subsidiary companies, officers, directors, employees, licensees, successors and assigns, including those licensed or authorized by FitTrack Incorporated to transmit and distribute materials, from any and all liabilities, damages, fines, judgments, claims, costs, losses, and expenses (including reasonable legal fees and costs) arising out of or related to any and all claims sustained in connection with this Agreement due to the negligence, misrepresentation, failure to disclose, or intentional misconduct of Affiliate.
9. Governing Law, Jurisdiction, and Attorney Fees
This Agreement shall be governed by and construed in accordance with the laws of the Canada and the Province of Ontario. Any dispute arising under or related in any way to this Agreement shall be adjudicated exclusively in the provincial courts located in Toronto, Ontario, Canada.In the event of litigation to enforce any provision of this Agreement, the prevailing party will be entitled to recover from the other party its costs and fees, including reasonable legal fees.
10. Electronic Signatures Effective
The Agreement is an electronic contract that sets out the legally binding terms of your participation in the FitTrack Incorporated affiliate program. You indicate your acceptance of this Agreement and all of the terms and conditions contained or referenced in this Agreement by completing the FitTrack Incorporated application process. This action creates an electronic signature that has the same legal force and effect as a handwritten signature.