Site Terms

Health Terms

Terms of Service

Healthful Pursuit Inc. is not a medical company or organization. The Website provides information in respect to healthy living, recipes, nutrition and diet and is intended for informational purposes only. Nothing contained on the Website or sent via email from Healthful Pursuit Inc. or its owner is medical advice nor should be construed as medical advice. Healthful Pursuit Inc. encourages you to consult with your doctor before using this Website. Any information generated, produced or disseminated by Healthful Pursuit Inc. should not and cannot be held as a substitute for consultation, evaluation, or treatment by your doctor. ALWAYS SEEK THE ADVICE OF YOUR DOCTOR OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A PROPOSED DIET OR NUTRITION PROGRAM. DO NOT DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE WEBSITE.

Site Terms

Terms of Service
Terms & Conditions – Acceptance

By accessing, using or displaying healthfulpursuit.com and all content and related services, including, but not limited to, associated blogs, e-mail subscriptions, e-books, recipes, recipe cards, the testimonial page or the submission page (collectively, the “Website“), you acknowledge having read and understood these terms and conditions of use and agree to become legally bound by them as the same may be amended as provided herein. If you do not agree to become bound by the terms and conditions of this Agreement then you may not access or use the Website.  The Website is only available to individuals who are at least 13 years of age. These terms and conditions of use represent an agreement (“Agreement“) between you and Healthful Pursuit Inc.

Amendments

Healthful Pursuit Inc. may amend this Agreement at any time. These amendments may include, without limitation, adding to, deleting from or modifying any of the provisions in this Agreement.  Healthful Pursuit Inc. will post notice that the Agreement has been amended on its main website located at www.healthfulpursuit.com for a period of 30 days.  The amended agreement shall automatically be effective when posted.  Your continued use of the Website following the posting of the amended agreement and the posting of such notice shall mean that you accept the terms of this Agreement as amended.  If you do not agree with any of the terms or conditions in the amended Agreement then you agree to immediately cease all use of the Website, which shall be your sole recourse and remedy in the event you are dissatisfied with the amended Agreement. This Agreement may not otherwise be amended.

Use of Website

Unless otherwise specified, Healthful Pursuit Inc. grants you a revocable, non-exclusive, non-transferable, limited right to access, use and display the Website for your personal, non-commercial use, provided that you comply fully with this Agreement.

Healthful Pursuit Inc. may change, add to or delete from the Website or any related services at any time without notice.  You agree to bear all risks, costs and damages that you may incur or suffer as a result of those changes.

You agree that Healthful Pursuit Inc. will not be liable for any delay or unavailability of any of the Website, whether due to an act or omission of Healthful Pursuit Inc. or an act or omission of any third party.

User Submissions

Healthful Pursuit Inc. allows you to participate in, and to contribute to message boards, bulletin boards, recipe swaps, comment entries, guest posts or similar activity by posting or uploading content and information to the Website or e-mailing or otherwise submitting content to Healthful Pursuit Inc. (collectively, an “User Submission“). A User Submission is a public communication. Healthful Pursuit Inc. will not be subject to any obligation of confidence in respect to an User Submission.

If, at our request or on your own, you send, email, post or otherwise transmit to the Website or to Healthful Pursuit Inc. a User Submission, you grant Healthful Pursuit Inc. a non-exclusive, transferable, sub-licensable, royalty-free, worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display any User Submission (in whole or in part and with or without the use of your name). You also grant to us a license to allow others to link to your User Submissions including in connection with commercial activities and advertising. You also permit any user of the Website to access, display, view, store and reproduce any User Submission that you have made available to the Website. You hereby agree and acknowledge that you will not receive any compensation in connection with the same.

This license will be valid for the full term of any copyrights, trade-marks and other intellectual and proprietary rights that may exist in such a User Submission. You also warrant that, to the extent you are not the exclusive holder of any copyrights, trade-marks and other intellectual and proprietary rights in a User Submission you have obtained all consents and licenses required to submit the User Submission to the Website.

Further, you hereby agree and acknowledge that by providing a User Submission you may be giving up certain proprietary rights, including the right to apply for a patent and the right to receive any economic benefit from your suggestion or comment.  If you are not prepared to grant the foregoing license and to give up these rights or if you do not understand the consequences of providing an User Submission then you should not provide the same to Healthful Pursuit Inc.

All your Submissions may be subject to review by Healthful Pursuit Inc. prior to posting the same to the Website; however, Healthful Pursuit Inc. is under no obligation to do so and assumes no responsibility or liability arising from the content of any User Submissions or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, hate speech, danger, illegality or inaccuracy contained in any User Submission. Healthful Pursuit Inc. may refuse to post any User Submission and may remove the same for any reason, in its sole discretion.  The posting of any User Submission does not mean that Healthful Pursuit Inc. agrees that the User Submission complies with this Agreement or that Healthful Pursuit Inc. agrees with the content of the User Submission.

Notwithstanding Healthful Pursuit Inc.’s review, if any, you agree to indemnify Healthful Pursuit Inc. and all other users for any loss or damage that Healthful Pursuit Inc. or any user may suffer as a result of any User Submission that you submit.

For any User Submission that contains a link, Healthful Pursuit Inc. may not review the information or the third party website that the link may resolve to. Further, the information may become incorrect or the third party website may change over time. You are strongly encouraged to use caution in any reliance on any link that has been posted to the Website.

You agree to assume all risks in regards to the condition, suitability, safety, accuracy, quality, integrity and legality of any information or other submission you may use or rely on as well as in respect of any information, product or services offered or made available through any link which has been submitted and posted.  Under no circumstances will Healthful Pursuit Inc. be liable in any manner for the same.

Healthful Pursuit Inc. and its suppliers shall have no liability to you for any loss or corruption of your User Submission. Healthful Pursuit Inc. has no ability to control how other users of the Website may access and use an User Submission, including, copying, publishing and distributing an User Submission elsewhere.

Conduct Guidelines

You agree not to make an User Submission to transmit, link to, or otherwise distribute any information, materials or content that does not generally pertain to the designated topic or theme of a particular forum, bulletin board or message board on the Website.

Healthful Pursuit Inc. does not control User Submissions and, as such, we do not guarantee the accuracy, integrity or quality of User Submissions. Although we have adopted conduct guidelines for the Public Space (as provided herein), you understand that by using this Website, you may be exposed to User Submissions that are offensive or objectionable.

You shall not submit any information or material or provide a link to any material, information, product or service, whether to the Website or to any other user of the Website:

  • which infringes or potentially infringes any third party intellectual property or other proprietary right including without limitation, copyright, patent, trademark, trade secret, right of publicity or privacy;
  • which is harmful or potentially harmful including, without limitation, that which places the integrity or security of any computer system at risk or distribute any virus, Trojan horse, worm, time bomb or other harmful or invasive computer code; or
  • which in any way violates any federal, state or provincial law, statute, ordinance or regulation in any jurisdiction including without limitation those relating to export control, consumer protection, unfair competition, discrimination or false advertising.

You shall not, in connection with the Website:

  • undertake any activity which creates liability, loss or damage or potentially creates liability, loss or damage to Healthful Pursuit Inc. or any of its suppliers or any other user of the Website;
  • fail to comply with any governmental law, rule, regulation or order that applies to your activities, including but not limited to, tax, consumer protection, unfair competition, discrimination, false advertising, sales and commerce laws and regulations. You are responsible for determining which laws and regulations apply to you and that your use of the Website complies with those laws and regulations;
  • import, export, sell or offer to sell, directly or indirectly, any regulated item or information in breach of any embargo, trade sanctions, import or export control law that may be imposed by the government in any country;
  • use any spider, robot or other automatic means to search or monitor the Website or any content contained in the Website or any other user of the Website;
  • you may not offer, promote or publicize any promotional contest;
  • you may not offer, sell, promote or publicize any products or services over the Website;
  • you may not use the Website or any of your postings or other material for any commercial purpose;
  • obtain or seek to obtain access to any software or data of Healthful Pursuit Inc. or any of its suppliers other than as specifically permitted and as reasonably necessary to use the Website;
  • use any automatic means, including software, to interfere with or attempt to interfere with the Website or any related service or their use by any other user;
  • cause any unreasonable burden or load on the Website or its computer systems;
  • undertake any activity which creates loss or damage or potentially creates loss or damage to Healthful Pursuit Inc.’s computer systems;
  • use any material of Healthful Pursuit Inc. that is protected by copyright without written consent;
  • use any trademark of Healthful Pursuit Inc. without written consent; or
  • use Healthful Pursuit Inc.’s or any of its supplier’s systems, servers or networks for any purpose other than what is reasonably necessary to use the Website.

Your privilege to use this Website is contingent on your compliance with the conduct guidelines set forth above. Healthful Pursuit Inc. may revoke your privilege to use all or a portion of this Website and/or take any other appropriate measures to enforce its conduct guidelines.

There is a risk that an individual or entity who makes a User Submissions, may be misrepresenting who they actually are.  Their motivation for this misrepresentation may include: fraud, deceit, identity theft and other criminal activity.  As such, Healthful Pursuit Inc. strongly encourages you to be vigilant in all interactions with others users of the Website. Healthful Pursuit Inc. does not attempt to verify that any individual or entity is who they claim to be.

BY ACCESSING OR USING ANY OF THE WEBSITE YOU AGREE TO ASSUME ALL RISKS OF LOSS OR DAMAGE THAT MAY ARISE AS A RESULT OF YOUR INTERACTION WITH ANY OTHER USER OF THE WEBSITE.

Personal Information

You shall ensure that you fully comply with all privacy legislation in relation to any personal information you submit to the Website and in particular, you shall obtain any required consents to the placement of any personal information on the Website and to the use, storage, reproduction, processing, display, disclosure, distribution and transmission of the personal information in connection with the Website and Healthful Pursuit Inc.’s business and all other ancillary activities reasonably necessary for Healthful Pursuit Inc.’s operation of the Website and its business.

Third Party Links

This Agreement applies exclusively to the Website. However, the Website may provide links to other websites or online resources (“Third-Party Sites“). You acknowledge and agree that Healthful Pursuit Inc. is not responsible for the availability of Third-Party Sites, and does not endorse (and is neither responsible nor liable for) any content, advertising, products, or other materials on or available from Third-Party Sites. You further acknowledge and agree that, under no circumstances, will Healthful Pursuit Inc. be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products or other resources available on any Third-Party Sites (regardless of whether the Website directly or indirectly linked to such content, advertisements, products or other resources). The condition, suitability, safety, accuracy, quality, integrity and legality of any information, content or other material or any products or services available from or through any links are not investigated, verified or monitored by Healthful Pursuit Inc.

You acknowledge and agree that your correspondence or business dealings with any third parties, including any merchants or advertisers, found on, or through, the Website, including payment for and delivery of related goods and services, and all other terms, conditions, representations and warranties related to such dealings, are solely as between you and such third parties.

No partnership or other relationship should be implied merely from the fact that a link to a Third-Party Site is provided on the Website.

Cookies

Third-party vendors, including Google, show Healthful Pursuit Inc. ads on sites across the Internet using remarketing strategies. This means, that if you’ve been to Healthful Pursuit before, ads may be displayed to you off Healthful Pursuit.

Third-party vendors, including Google, use cookies to serve ads based on someone’s past visits to your website. You can opt out of Google’s use of cookies by visiting Google’s Ads Settings. Alternatively, you can opt out of third-party vendor’s use of cookies by visiting the Network Advertising Initiative opt-out page.

Health Disclaimer

Healthful Pursuit Inc. is not a medical company or organization. The Website provides information in respect to healthy living, recipes, nutrition and diet and is intended for informational purposes only. Nothing contained on the Website or sent via email from Healthful Pursuit Inc. or its owner is medical advice nor should be construed as medical advice. Healthful Pursuit Inc. encourages you to consult with your doctor before using this Website. Any information generated, produced or disseminated by Healthful Pursuit Inc. should not and cannot be held as a substitute for consultation, evaluation, or treatment by your doctor. ALWAYS SEEK THE ADVICE OF YOUR DOCTOR OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A PROPOSED DIET OR NUTRITION PROGRAM. DO NOT DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE WEBSITE.

Termination

Healthful Pursuit Inc. has the right, in Healthful Pursuit Inc.’s sole discretion, to suspend or terminate your current and future access and use of the Website or related services in the event Healthful Pursuit Inc. reasonably believes that you are conducting yourself or providing information or other material in a manner which is in breach of this Agreement.

If you wish to terminate this Agreement, you may simply discontinue using the Website. You agree that any suspension and/or termination of your access to the Website may be affected without prior notice.

Title

You agree that title to and ownership of the Website and any modifications or upgrades made thereto and all intellectual property rights therein shall at all times be held by Healthful Pursuit Inc. and its suppliers. You shall not have any right, title or ownership interest in the Website except the limited right to access and use the Website in accordance with the terms and conditions set out in this Agreement.

Using this Website does not transfer from Healthful Pursuit Inc. to you any intellectual property rights in the Website. Healthfulpursuit.com, and all other trademarks, service marks, graphics and logos used in connection with the Website are trademarks or registered trademarks of Healthful Pursuit Inc.

You may not, directly or indirectly, decompile or reverse engineer the Website or do anything to attempt to reveal, generate or obtain the source code for the Website.

You may not copy, publish, store, retain, publicly display, transmit, scan, reformat, modify, edit, frame, translate, excerpt, adapt, distribute, create derivative works from, download, grant under licence, or in any other way exploit, the Website, in whole or in part, without the express written consent of Healthful Pursuit Inc.

While you retain ownership of your own User Submissions to the Website you may not in any way commercially exploit your User Submissions in connection with the Website.

Errors and Defects

Healthful Pursuit Inc. does not represent or warrant that any errors in the Website can or will be corrected.  Any such corrections will be solely at Healthful Pursuit Inc.’s discretion.  Healthful Pursuit Inc. and its suppliers shall have no liability or obligation to you or any third party in the event of any defect or error or any omission in the Website.

Indemnification

You agree to indemnify and hold Healthful Pursuit Inc., its employees, officers, directors, agents and partners harmless from any and all claims and demands, including reasonable attorney fees, made by anyone due to or arising in connection with your use of the Website or your violation of this Agreement.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL HEALTHFUL PURSUIT INC. OR ANY OF ITS SUPPLIERS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OR ANY INJURY INCURRED OR SUFFERED BY YOU WHICH MAY ARISE IN CONNECTION WITH YOUR USE OF THE WEBSITE WHETHER OR NOT HEALTHFUL PURSUIT INC. OR ANY OF ITS SUPPLIERS WAS TOLD OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE OR INJURY AND INCLUDING BUT NOT LIMITED TO THOSE RESULTING FROM DEFECTS IN THE WEBSITE.

IN ALL OTHER CIRCUMSTANCES, HEALTHFUL PURSUIT INC.’S TOTAL AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY, HOWEVER ARISING, SHALL BE LIMITED TO $10.00 (CDN) OR THE FEES THAT YOU HAVE ACTUALLY PAID TO HEALTHFUL PURSUIT INC., WHICHEVER IS HIGHER.  THIS LIMITATION SHALL APPLY TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND OTHER TORTS, NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.

Warranty Disclaimer

THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS USED BY YOU AT YOUR SOLE RISK.  EXCEPT AS OTHERWISE EXPLICITLY SET OUT HEREIN HEALTHFUL PURSUIT INC. EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS CONCERNING THE WEBSITE, INCLUDING ANY AND ALL WARRANTIES AND CONDITIONS OF DESIGN, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE, PERFORMANCE AND ANY AND ALL WARRANTIES AND CONDITIONS THAT MIGHT OTHERWISE ARISE DURING THE COURSE OF DEALING, CUSTOM OR TRADE USAGE AND THOSE WHICH MAY BE IMPLIED BY STATUTE.

THE WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS, VIRUSES AND OTHER LIMITATIONS.  HEALTHFUL PURSUIT INC. ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY SUCH BUGS, ERRORS, PROBLEMS, VIRUSES OR OTHER LIMITATIONS.

Basis of Bargain

You agree and acknowledge: (i) that you and Healthful Pursuit Inc. have entered into this Agreement in reliance on the warranty disclaimer, limitations of liability and indemnity provisions set forth herein; (ii) that the same reflect an agreed-to allocation of risk between the parties (including the risk that a remedy may fail its essential purpose and the risk of suffering indirect damages); and (iii) that the same forms an essential basis of the bargain between the parties.  You agree and acknowledge that Healthful Pursuit Inc. would not have been able to provide access to and use of the Website on an economic basis (taking into account the amounts charged, if any) without such allocations of risk.  If you do not fully agree with the foregoing you may not access or use the website.

No Agency

The parties are independent parties and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended nor created by this Agreement and neither party shall state or imply anything to the contrary.

No Waiver

Healthful Pursuit Inc.’s failure to insist upon or enforce strict compliance with any provision of this Agreement shall not be construed as a waiver of any provision or right of the same or different type in the future.

Entire Agreement

The terms and conditions set out in this Agreement constitute the entire terms and conditions with respect to the access and use of the Website and the relationship between the parties for the purposes of the same.  No representative of Healthful Pursuit Inc. is authorized to amend the terms of this Agreement other than as specifically provided for herein.

Severability

If any term or condition of this Agreement or the application thereof to any party or circumstance shall be invalid or unenforceable to any extent the remainder of this Agreement and the application of such term or condition to a party or circumstance other than those to which it is held invalid or unenforceable shall not be affected thereby and each remaining term or condition of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law.

Assignment

This Agreement may not be assigned by you.  We may assign this Agreement and the Website in connection with a merger or acquisition or other restructuring or other sale or transfer.

Rights and Remedies

The rights and remedies of a party hereunder are cumulative and no exercise or enforcement by a party of any right or remedy hereunder shall preclude the exercise or enforcement by the party of any other right or remedy hereunder or which the party is otherwise entitled by law or equity.

Governing Law

This Agreement, the relationship between you and Healthful Pursuit Inc. and your use of the Website and any related services and the resolution of any dispute arising between the parties shall be governed and construed in accordance with the laws of the Province of Alberta and those of Canada applicable therein, without reference to their conflict of laws.

Attornment

You agree that any legal action or proceeding between you and Healthful Pursuit Inc. which in any way concerns this Agreement or the use of the Website or the relationship between the parties in connection with the same shall be brought exclusively in the courts of Alberta.  Notwithstanding the foregoing, any party may apply to any court of competent jurisdiction for any equitable relief by way of restraining order, injunction, decree, specific performance, mandatory injunction or otherwise where damages could not adequately be compensated by monetary award and where the Courts of Alberta would not have adequate jurisdiction to grant an effective equitable remedy.

Survival

The rights and obligations under User Submissions, Title, Errors and Defects, Warranty Disclaimer, Limitations of Liability, Indemnity, Basis of Bargain, Attornment, Survival and Third Party Rights shall survive the termination of this Agreement for whatever reason.  Termination does not relieve any party of any liability accruing to the date of termination.

Third Party Rights

This Agreement does not confer any third party beneficiary rights.

Notices

Any notice, direction or other communication given regarding the matters contemplated by this Agreement must be in writing and sent and addressed: info [at] healthfulpursuit [dot] com

Affiliate Terms

Terms of Service

By participating in the Healthful Pursuit Inc. 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 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:

Included Products

Keto Holiday Cookbook

The Keto Audiobook Bundle

The Keto Beginning Audiobook

Fat Fueled Audiobook

The Keto Bundle

Balanced Keto

Fat Fueled

The Keto Beginning

Christmas Dessert Freedom Cookbook

Real Meals Meal Plan Program

Function

Our affiliate program runs on a customized version of a commercial affiliate solution. 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.

Requirements

There are 4 basic requirements for participating in the Healthful Pursuit Inc. 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, 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.

Links

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.

When link shortening services are used to convert the Affiliate link, it may disrupt the tracking and impact Affiliate commissions due to improper tracking. Only use the shortened URLs provided in your admin panel, or test the shortened URL before proceeding to use in promotions. Healthful Pursuit will not be able to go back and sift through sales to determine which the Affiliate referred.

Commissions

The Affiliate will receive a commission of 60%* 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. Payouts will be made on a net 45-day schedule on the 15th of every month.

Commission will be paid out to the Affiliate by the Promoter via Paypal the month following the transaction. A minimum of $50USD in sales must be met before payout is made. If monthly payout is less than $50USD, the balance will be transferred to the following month until payout balance is equal or greater than $50. 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.

*Exact dollar amount of your commission will not be 60% of the purchase price. Processors take their fees, and then your commission is calculated on the profit left after hard costs are covered. Payments are made via PayPal with the cost of processing the transaction covered in the commission amount.

Earnings

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.

Restrictions

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.

Relationship

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.

Confidentiality

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.

Liability

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.

Termination

The relationship between the Parties may be terminated by either party on 30 days written notice prior to termination. Upon termination, it is understood that the Confidentiality and Indemnification clauses above will remain in effect for perpetuity.

Severability

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.

Notices

Any notice, direction or other communication given regarding the matters contemplated by this Agreement must be in writing and sent and addressed: info [at] healthfulpursuit [dot] com