By participating in the Healthful Pursuit Inc. Click Bank Affiliate program, you are agreeing to all of the following Terms and Conditions (the “Agreement”). If you do not agree to or understand any of the language in this Agreement, then we ask that you please refrain from signing up, or participating in any of our promotions. That said, the responsibility rests on you to completely understand any & all terms before becoming an affiliate for any of our products.
As an affiliate, you are expected to act with honesty, comply completely with FTC guidelines and adhere to all laws. By participating in the Click Bank affiliate program (the “Program”) conducted by Healthful Pursuit Inc. (the “Promoter”) for any of our products or programs listed below (the “Product”), you (the “Affiliate”) agree to the following Terms and Conditions:
The Keto Beginning
Our affiliate program runs on a customized version as provided by Click Bank. The system is set up on a “last clicked” basis. This means that the affiliate link a customer clicked on LAST (the one that drove the buyer to purchase) will get credit for the sale.
There are 4 basic requirements for participating in the Healthful Pursuit Inc. Click Bank Affiliate program:
Affiliates must be 18 years or older to participate.
Affiliates must be in good standing with the Federal Trade Commission (the “FTC”) and Healthful Pursuit Inc.
Affiliates must be in compliance with all FTC guidelines, and the terms and conditions of this Agreement.
Healthful Pursuit Inc. reserves the unconditional right to accept or deny any Affiliate who enters the Program via the signup forms on our website, Click Bank’s website, or who drives traffic to Healthful Pursuit Inc.’s brands and websites via products offering Affiliate payout (the “Sites”).
The Affiliate agrees and understands that if any of their communications associated with or for this promotion (marketing, websites, blog posts, videos, audios, emails, Tweets, Facebook posts, etc.) are deemed offensive or inappropriate, that Affiliate will be deemed, at the sole discretion of the Promoter, ineligible to participate in any and all Affiliate promotions. The Affiliate in question will then be disqualified from receiving any further commission, recognition, communication or compensation from Healthful Pursuit Inc.
The Affiliate may also be immediately removed from any & all promotions and Affiliate programs (and will be in violation of this Agreement) if, at the sole discretion of the Promoter, the Affiliate’s marketing:
- a) contains unlawful material, including but not limited to materials that may violate another’s intellectual property rights, or links to a site that contains such material;
- b) contains information regarding, promotes or links to a site that provides information about or promotes illegal activity;
- c) promotes, depicts or links to material that promotes or depicts discrimination based on race, gender, religion, national origin, physical or mental disability, sexual orientation, or age;
- d) contains, promotes or links to sexually explicit or violent material;
- e) uses the Promoter’s banners, brand name, likeness, images, and videos, on their own websites, thus creating market and consumer confusion (which is usually referred to as copyright or trademark infringement, and is illegal). In short: you may not present our banners, images or videos as if they are your own on your own site’s or any other site’s, as it may cause a customer to opt-in thinking they are signing up to receive our communications rather than yours. We firmly believe that if you wish to generate sales, it is in your best interest to establish your own identity, voice, brand and sites, and authentically promote our program(s) in your own way – not posing as its creators;
- f) is, for any other reason, deemed to be unsuitable by the Promoter;
- g) offers a cash incentive or discount on product(s) as a means of promotion;
- h) runs any paid ad with the terms Healthful Pursuit Inc., any of the URLs we own, and/or the name of any product offering Affiliate commissions.
Healthful Pursuit Inc. reserves the right to disqualify and revoke an Affiliate’s standing from any Affiliate program, cancel pending commissions based on inappropriate behavior or marketing by the Affiliate, and to amend this Promotion or Agreement at any time without notification to Affiliate.
Affiliate links and any and all promotional materials necessary to promote and offer the Product to the Affiliate’s customers via the Affiliate’s Sites or emails, including but not limited to banners, graphics, or text ads are provided on the Affiliate site for all relevant products.
The Affiliate may ONLY utilize their unique link, provided by the Promoter, on the Affiliate’s own websites or emails. The Affiliate may NOT post their link on other websites that are not owned or maintained by the Affiliate or the Affiliate’s brand, with the exception of ads or social media placements. Spamming the internet with links outside of Affiliate’s direct email list, websites or social media pages will be considered a violation of this Agreement and result in a denial of all Affiliate benefits, prizes and commissions.
Links are intended to drive new customers to the Promotion. The Affiliate may not use unsolicited commercial email, spam, search engine spam, or other illegal or unethical means by which to generate referral commissions.
The Affiliate may also not purchase the Product through their link for personal use and receive a commission on that sale.
All customer information collected during the Promotion shall be owned by the Promoter and it is at the sole discretion of the Promoter whether or not the customer information will be shared with the Affiliate.
The Click Bank Affiliate will receive a commission of 75% for every sale that is directly referred by the Affiliate to the Promoter’s Site through the Affiliate’s unique link or cookie.
During the promotion period, the Healthful Pursuit Inc. team and the technical staff will monitor sales and the system very closely to ensure everything is working properly. Therefore, all reports in your Affiliate Portal are final. If they do not show up in our system as your sale, you will not get credit for the sale.
In order to avoid a mistake of this nature, make sure you are absolutely clear in your promotional material, those customers you are referring to the product must use your special link to purchase.
Affiliate commissions are counted and final numbers are deemed final at the sole discretion and decision of the Promoter. Promoter also reserves the right to change the dates of the commission payout.
Commission will be paid out to the Affiliate by the Promoter via Click Bank according to Click Banks payment schedule. Affiliate commissions will not be paid based on any sales or amounts that are attributed to spam, credit card fraud, or returned Product. If a sale is canceled or refunded for any reason, any paid commission will be deducted from the amount owed to the Affiliate and any subsequent payment. Affiliate will not be paid a commission on sales or orders that are in delinquent status. If payments for delinquent customers are received within 90 days, the Affiliate will be paid their commission. However if delinquent payments are not received within 90 days after the start of the Program, the Affiliate will not be paid a commission on that sale.
The Promoter is NOT responsible for the Affiliate using or maintaining their Affiliate links and only sales tracked through the Promoter’s system will count towards the Affiliate’s commissions. All sales and commission numbers are tallied by the Promoter and all final sales and commission numbers are at the sole discretion of the Promoter.
While the Promoter makes every reasonable effort to accurately track and pay commissions for all Affiliate sales, the Promoter is not responsible, nor under any circumstances will be held liable, for any technical difficulties, outside events, actions by other Affiliate, or other uncontrollable events that may disrupt or interfere with Promoter’s ability to track sales or pay commissions.
Under no circumstances will Promoter be held liable for any incidental, indirect, or consequential damages, or any loss of revenue or profit that results from the Affiliate’s participation in this program.
As stipulated by FTC law, the Promoter makes no guarantees that the Affiliate will receive earnings and the Promoter offers no professional legal or financial advice.
Spam and Unsolicited Emails
The Affiliate agrees to abide by all Federal Trade Commission Guidelines and the U.S. Federal Can-SPAM Act.
As an Affiliate you are agreeing NOT to send any unsolicited email to any party in promotion of any of our products. Should an Affiliate be caught spamming, they will be removed from the Affiliate program altogether, and any commissions or pending commissions will be canceled and/or forfeited.
Spam is defined as emailing or posting to anyone who has not requested information via email or a website. This also includes “spamming search engines” with links.
The Affiliate may not use ANY copyright, trademark, service mark, or general branding of the Promoter without full disclosure and permission of the Promoter.
Affiliate may not:
- a) frame the Affiliate’s website to look like the Promoter’s website or to utilize the Promoter’s branding in any way that would confuse customers or the general public as to who is hosting or promoting such a website;
- b) take any action that could reasonably cause any customer confusion as to Affiliate’s relationship with Promoter, or as to the site on which any functions or transactions (e.g., search, order, browse, and so on) are occurring;
- c) read, intercept, record, redirect, interpret, or fill in the contents of any electronic form or other materials submitted to Promoter by any person or entity;
- e) seek to purchase or register any domains or other identifiers that include variations on the trade or service marks or names of the Promoter intended to approximate misspellings or typographical mistakes of same or which otherwise would constitute typo or domain squatting, including variations thereof for use in any search engine, portal, sponsored advertising service or other search or referral service unless otherwise agreed to by the Promoter. Promoter may cancel the Affiliate participation in this program, withhold or cancel commissions, or take any other action at its sole discretion should the Affiliate carry out any of the behavior above or fail to operate with integrity or within the guidelines of the FTC;
- d) seek to purchase or register any keywords, search terms or other identifiers related to the trademarks of the Promoter or the trade or service marks or names of Promoter’s primary competitors, including misspellings or variations thereof for use in any search engine, portal, sponsored advertising service or other search or referral service unless otherwise agreed to by the Promoter.
Nothing in this Agreement shall be deemed to create a partnership, joint venture, agency relationship, or employment relationship between Promoter and the Affiliate. Under no circumstances will Promoter be held liable for any actions or results of the Affiliate.
Affiliate is participating in the Affiliate program as a fully independent entity and is responsible for any and all federal, state, local, and/or foreign income taxes and self-employment taxes, and any and all other federal, state, and local licenses, fees or taxes, or sales tax, including withholding taxes, social security taxes, and public liability and workman’s compensation insurance.
The Affiliate hereby agrees not to copy, alter, share, use, duplicate, distribute, or adapt any of the Promoter’s confidential information which is not directly provided or approved by the Promoter, or any confidential information – disclosed or otherwise – that comes into its possession under or in relation to this Agreement.
Confidential information includes, but is not limited to, the following types of private information and other proprietary information of a similar nature regarding the Promoter’s business:
Sales figures, software passwords, Promoter list size, list contents, ideas, stories, activities, curriculum, event format, presentation materials, presentation content, inventions, financial information, business plans, business processes, marketing plans, marketing strategies, marketing copy, financial projections, customer lists, customer financial information, personal information of executives, sponsorship strategies, relationships with other vendors, media delivery concepts and systems, including, but not limited to, web-based delivery systems, technical data, software designs, drawings, specifications, models, source code, object code, documentation, diagrams, flow charts, and other similar information that is proprietary to and confidential information of the Promoter.
The Affiliate shall not disclose the terms of this Agreement to any third party other than to the Affiliate’s employees and agents who (a) have a need to have access to such information (b) agree in writing to comply with the confidentiality provisions of this Agreement.
This Agreement imposes no obligation of confidentiality on the Affiliate with regard to any portion of Promoter’s confidential information (a) that is part of the public domain at the time of disclosure; or (b) that becomes part of the public domain after the Promotion without any unauthorized act by or omission of the Affiliate; or (c) if Affiliate can demonstrate by written records that he/she had independently developed knowledge of such confidential information prior to the date of disclosure; or (d) if permission to use or disclose said confidential information is first obtained by Affiliate in writing from Promoter; or (e) if Affiliate is required by law, regulation, rule, act, or order of any court or other government authority or agency to disclose such confidential information.
In general, Affiliate may not disclose any financial, personal, or business information about the Promoter or its executives without permission from the Promoter. Such disclosure is grounds for legal action, equitable relief, and termination of this Agreement.
The Affiliate agrees to indemnify and hold harmless Healthful Pursuit Inc. from and against any and all losses, claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorney fees) which the Affiliate may be subject to or incur in connection with the Promotion to be rendered, except those claims that are judicially determined to have resulted from Promoter’s gross negligence or willful misconduct.
The relationship between the Parties may be terminated by either party in accordance with Click Bank’s Terms and Conditions. Upon termination, it is understood that the Confidentiality and Indemnification clauses above will remain in effect for perpetuity.
If any provision or covenant, or part thereof, of this Agreement should be held by any court or other legitimate tribunal with appropriate jurisdiction to be invalid, illegal or unenforceable, either in whole or in part, such invalidity, illegality or unenforceability shall not affect the validity, legality or enforceability of the remaining provisions or covenants, or any part thereof, of this Agreement, all of which shall remain in full force and effect.
Any notice, direction or other communication given regarding the matters contemplated by this Agreement must be in writing and sent and addressed: leanne [at] leannevogel [dot] com