GCode Nutrition Revolutionary
Program Rules and Terms of Service
It is paramount that every GCode Revolutionary adhere to Ethical
& Legal Conduct during this promotion. We live by a code and ask that you
do as well.
Tracking is Cookie and lifetime customer association based -
last cookie gets credit for the sale unless a lifetime association is already
in place. Meaning that any customer that makes a purchase through your Revolutionary
site will be associated to you as a customer, so long as that customer is not
associated to The Company or another Revolutionary from a prior purchase.
The Federal Trade Commission has clearly defined best
practices for affiliate marketers, and it is our position that all GCode
Nutrition Revolutionaries must adhere to these guidelines and regulations as
Standard Operating Procedure during their endorsement or promotion.
Step 1 - Download and Review the FTC Document for
Endorsement Guidelines:
http://ftc.gov/os/2009/10/091005revisedendorsementguides.pdfStep 2 - In addition to the FTC Guidelines, observe the
following Best Practices: When you promote, make sure you:
** Disclose your affiliation with GCode Nutrition when
promoting the products and/or company on your website, social media, or in any
other format.
** Don't spam social media. That makes you, and as a result GCode
Nutrition, look terrible.
** Don't misrepresent yourself. Saying your results are
‘typical’ of using our products is misleading. Effort and focus vary from
person to person and thus so do results. Always convey that when promoting our
products.
** We keep it real with our customers and expect you to do
the same. Please show them the respect of being straightforward with them.
NOTE: There will be no commission payments on the first $100
sold through your Revolutionary URL each month. If the only purpose in joining
this program is to get a commission on a sale for personal use of GCode
Nutrition, that's not gonna fly. We do track every sale – should we discover a Revolutionary
is only selling to themselves, commission will not be paid on that sale, except
for the amount over $100.
Terms & Conditions:
GCode Nutrition (hereinafter referred to as “The Company”) Revolutionary
Agreement
This Agreement contains the complete terms and conditions
that apply to your involvement as a Revolutionary in the Revolutionary Program
of The Company.
Definitions
Customer: The user who applies a promo code at
GCodeNutrition.com
Revolutionary / You: The publisher advertising links/promotions
of The Company
1. Enrollment in the Revolutionary Program
First, you need to submit a complete Revolutionary Program
Application. We will assess your application and will inform you of your
acceptance or rejection in 2 to 3 business days. We may reject your application
if we conclude that your site, methods or behavior are inappropriate for the Revolutionary
Program. If we reject your application, you are welcome to reapply to the Revolutionary
Program at any time.
2. Prohibited Sites/Verbiage:
- Sites or verbiage making medical claims in regards to our
products/services.
-
Sites that promote violence or sexually explicit material.\
-
Sites that promote illegal activities.
-
Sites that promote discrimination based on race, sex,
religion, national origin, or physical disability.
3. Spam/Unsolicited Mail
Revolutionary agrees to not use SPAM in promoting The
Company. This action will result in the immediate closure of Revolutionary
account with a cancellation of any pending commissions. Revolutionary will also
be in violation of The Company’s Revolutionary Agreement and subject to legal
action and be held liable for any financial loss incurred by The Company. Any
service interruptions to The Company’s website as a result of Revolutionary’s
spamming will be billed to Revolutionary at 1000 U.S. dollars per hour until
service is restored. For the purpose of this agreement SPAM is defined as
emailing ANYONE, in bulk or by single mailing, about The Company, who has not precisely
requested the material directly from Revolutionary. The only exceptions to this
are:
Mailing to APPROPRIATE OPT-IN mailing lists where the source
does the mailing on Revolutionary's behalf. However, use extreme caution when
choosing an opt-in mailing list company! Using anything but the most reputable
sources could generate spam complaints against Revolutionary resulting in
suspension or termination. The Company also considers ANY type of advertisement
about The Company posted to a Newsgroup or Chat Room not run by the Revolutionary
to be spam.
4.
Links/Graphics
You
also agree that you will display on your site only those graphic images
(indicating a Link) that are provided by us, or that are created in good taste
by the Revolutionary. All Links may be modified and/or expanded from time to
time throughout the term of this Agreement pursuant to the mutual agreement of
the parties hereto. Each Link connecting users of your site to the pertinent
area of our site will in no way alter the look, feel or functionality of our
site.
5. Our Responsibilities
We will be solely responsible for processing every order
placed by a customer following a special Link from your site, for tracking the volume
and amount of sales generated by your code or link, and for providing
information to Revolutionaries regarding sales statistics. We will be
responsible for order entry, payment processing, shipping, cancellations,
returns, and related customer service.
6. Other Responsibilities and Opportunities of Revolutionary
Sites
If
you qualify and agree to participate as a Revolutionary Site, you must display
Links with our consent.
7. Contests and Promotions:
As
a Revolutionary, you will be entitled to participate and promote on your site
any sweepstakes, contests, and special promotions we may offer. In addition,
you will be entitled to earn commissions as set forth.
Only offers and promotional tools provided explicitly by The
Company for use on a Revolutionary site are valid.
The unauthorized use of promotional offers taken from
another website is strictly forbidden and may result in the termination of this
agreement.
8. Compliance
with the Agreement:We have the right in our sole discretion to monitor your
site at any time and from time to time to determine if you are in compliance
with the terms of this Agreement.
To the best of our ability, we will monitor for FTC
compliance to ensure disclosures are adequately added. Please ensure compliance
by following the guidelines set by the FTC.
9. Reports of Sales
You will be given a username and password and have the
ability to enter a password-protected site to receive your sales statistics.
10. Policies and Pricing
Customers who buy The Company’s products through the Revolutionary
Program will be deemed to be customers of The Company. Accordingly, all of our
rules, policies, and operating procedures concerning customer orders, customer
service, and sales will apply to those customers. We may change our policies
and operating procedures at any time. For example, we will determine the prices
to be charged for our products sold under the Revolutionary Program in
accordance with our own pricing policies. Our prices and product availability
may vary from time to time. Because price changes may affect products that you
already have listed on your site, you should update pricing often or not
include price information in your product descriptions.
11. Publicity
You shall not create, publish, distribute, or permit any
written material that makes reference to us without first submitting such
material to us and receiving our written consent, which we agree shall not be
unreasonably withheld.
12. Licenses and Use of the The Company’s logos and
Trademarks
WE GRANT YOU A NON-EXCLUSIVE, NON-TRANSFERABLE, REVOCABLE
RIGHT TO (i) ACCESS OUR SITE THROUGH THE LINKS IN ACCORDANCE WITH THE TERMS OF
THIS AGREEMENT AND (ii) SOLELY IN CONNECTION WITH SUCH LINKS AND UNDER THE
CONDITIONS PROVIDED FOR HEREIN, TO USE OUR LOGOS, TRADE NAMES, TRADEMARKS, AND
SIMILAR IDENTIFYING MATERIAL RELATING TO US (COLLECTIVELY, THE "LICENSED
MATERIALS"), FOR THE SOLE PURPOSE OF SELLING PRODUCTS ON YOUR SITE FOR THE
COMPANY. YOU MAY NOT ALTER, MODIFY, OR CHANGE THE LICENSED MATERIALS IN ANY WAY
WITHOUT WRITTEN PERMISSION. YOU ARE ONLY ENTITLED TO USE THE LICENSED MATERIALS
WHILE YOU ARE A MEMBER IN GOOD STANDING OF THE REVOLUTIONARY PROGRAM.
You shall not make any specific use of any Licensed
Materials for purposes other than selling products on your site for The
Company, without first submitting a sample of such to us and obtaining the
prior written consent of The Company’s Revolutionary Program Manager, which
shall not be unreasonably withheld. We reserve all of our rights in the
Licensed Materials and of our other proprietary rights. We may revoke your
license at any time, by giving you written notice.
13. Lifetime Association
Any customer that makes a purchase through your Revolutionary
site will be associated to you as a customer, so long as that customer is not
associated to The Company or another Revolutionary from a prior purchase. If a Revolutionary
is inactive in the Program for a period of 90 days, with no sales to new
customers, The Company reserves the right to remove the customer lifetime
association of all Revolutionary customers and place that association directly
with The Company.
14. Promotion or sale of GCode Nutrition products through
Google Shopping, Amazon, Ebay, or other Product Listing Ads or Sites (owned or
not owned by you is strictly prohibited.
CONFIDENTIALITY & NON-DISCLOSURE AGREEMENT
The Company proposes to disclose certain of its confidential
and proprietary information (the "Confidential Information") to Revolutionary.
Confidential Information shall include all data, materials, products,
production methods, proprietary vendors, technology, computer programs,
specifications, manuals, business plans, software, marketing plans, financial
information, training materials and other information disclosed or submitted,
orally, in writing, or by any other media, to Revolutionary by The Company. All
Information disclosed orally shall be considered Confidential Information,
unless identified as non-confidential by The Company at the time of disclosure.
Nothing herein shall require The Company to disclose any of its information.
Revolutionary agrees that any Confidential Information
disclosed by The Company will not be shared with others in person, by email, or
through social media. Revolutionary agrees that Information sent to Revolutionary
from The Company will not be photographed, recorded or reproduced in any way on
social media. This includes but is not limited to Revolutionary training
material, e-mail correspondence, written correspondence.
Revolutionary agrees that the Confidential Information is to
be considered confidential and proprietary to The Company and Revolutionary
shall hold the same in confidence, shall not use the Confidential Information
other than for the purposes of its business with Company, and shall disclose it
only to its officers, directors, or Revolutionary with a specific need to know
and only disclosed as instructed by The Company. Revolutionary will not
disclose, publish or otherwise reveal any of the Confidential Information
received from The Company to any other party whatsoever except with the
specific prior written authorization of The Company. Revolutionary shall not
duplicate confidential Information furnished in tangible and nontangible form
except for purposes of this Agreement. Upon the request of The Company, Revolutionary
shall return all Confidential Information received in written or tangible form,
including any information, copies, or reproductions, taken GCodeNutrition.com,
within fifteen (15) days of such request.
If the Revolutionary discloses, publish, or otherwise reveal any
information, media, or idea, from GCodenutrition.com or The Company’s related
websites and materials, the Revolutionary agrees to pay $5,000 US dollars to
Company as and for liquidated, estimated and stipulated damages, to be paid
within thirty (30) calendar days. At Revolutionary 's option, Revolutionary may
destroy any documents or other media developed by the Revolutionary containing
Confidential Information. Revolutionary shall provide a written certificate to
The Company regarding destruction within ten (10) days thereafter.
The obligations of Revolutionary herein shall be effective
indefinitely from the date that the Revolutionary Agreement between The Company
and Revolutionary terminates. Further, the obligation not to disclose shall not
be affected by bankruptcy, receivership, assignment, attachment or seizure
procedures, whether initiated by or against Revolutionary, nor by the rejection
of any agreement between The Company and Revolutionary, by a trustee of Revolutionary
in bankruptcy, or by the Revolutionary as a debtor in possession or the
equivalent of any of the foregoing under local or federal law.
This Agreement shall be governed and construed in accordance
with the laws of the United States and the state of Missouri; in the event of
any conflict, the law of Missouri will govern. Revolutionary consents to the
jurisdiction of the Circuit Court for St. Louis County Missouri and the U.S.
District Court for the Eastern District of Missouri for any dispute arising out
of this Agreement. Revolutionary agrees that in the event of any breach or
threatened breach by Revolutionary, The Company may obtain, in addition to any
other legal remedies which may be available, such equitable relief as may be
necessary to protect The Company against any such breach or threatened breach
and reimbursement of The Company's attorneys' fees and costs.
Revolutionary may not at any point disclose any sales,
financial figures, cost or profit with anyone within The Company or outside of
it without written consent of The Company. This is included but not limited to
sales figures, sales tracking methods, customer counts, company growth,
incentive programs, sales contests or events. Disclosing such information to
another Revolutionary or an external party will be considered a material breach
of this Agreement and subject the Revolutionary to damages, injunctive relief
and reimbursement of The Company's
attorneys' fees and costs.
SALES REPRESENTATIVE AGREEMENT
The Company is in the business of formulating,
manufacturing, marketing, and selling of nutritional products, supplements and
branded apparel and accessories. Revolutionary is in the business of marketing
and promoting products of The Company. The Company and Revolutionary desire to
enter into a business relationship subject to the terms and conditions set
forth below.
The Company engages Revolutionary, and Revolutionary agrees
to be engaged, to The Company. The term of this Agreement shall commence on the
date hereinabove and shall continue through its termination. Either party may
terminate this Agreement without cause. Revolutionary agrees to provide thirty
(30) days’ advance written notice of termination. The Company may terminate
this Agreement without advance notice. Revolutionary acknowledges that he/she
is an independent contractor and that no employer-employee relationship, join
venture, partnership or agency relationship is created by this Agreement.
Non-Compete:
Revolutionary agrees not to directly or indirectly compete
with the businesses of The Company and its subsidiaries and affiliates, to
include, but not limited to GCode Nutrition L.L.C., or any other business owned
or partially owned by members of GCode Nutrition during the term of this
agreement for a period of two (2) years following termination of this Agreement
within the Territory and not withstanding the cause or reason for the
termination of this agreement.
The term “non-compete” as used herein shall mean that the Revolutionary
shall not own, manage, operate, consult with, officially represent, or be
employed by or in a business substantially similar to or competitive in any way
with the business of The Company, its subsidiaries, affiliates, or such business
activity in which the Company may substantially engage during the term of this
agreement and for a period two (2) years following this agreement.
Non-Solicitation of Customers:
Revolutionary agrees not to solicit or attempt to solicit,
directly or indirectly, for any purpose that is not in the interest of The
Company, any customers of The Company with which Revolutionary had any contact
during the term of this Agreement, whether or not the customer is located
within the Territory, during the term of this Agreement and for a period of two
(2) years following termination of this Agreement, and notwithstanding the
cause or reason for the termination of this Agreement. Revolutionary agrees
that The Company has good will among its customers. Revolutionary agrees that
the temporal restrictions of this provision are reasonable.
This Agreement is binding upon, and in-turn, to the benefit
of the parties, their successors, subsidiaries, affiliates, and personal
representatives.
