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FitFive Affiliate Program Contract
FitFive Affiliate Program Contract
FitFive Affiliate Program Contract
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| FIT5 LTD AFFILIATE CLIENT CONTRACT |
|
1. |
Part 1 |
| 1.1. | The FIT5 Limited is a registered company in the UK, it is the owner of FitFive brands and products. |
| 1.2. | The FIT5 Affiliate Client Contract is the contract between the FIT5 Ltd ("Company") and the Affiliate ("You"). |
| 1.3. | You agree that International law, excluding conflict of laws principles, will govern this agreement, and that any claim or suit arising out of or related to this agreement must be brought exclusively in federal or state courts. You consent to the exclusive jurisdiction of such courts. |
| 1.4. | You agree to assume full responsibility for your decision to use FIT5 Affiliate Program. The Company offers the partnerprogram service "as is" and disclaims any implied warranties including for merchantability, fitness for a particular purpose, and non-infringement. |
| 1.5. | You agree that in no event will the Company be liable to you for any special, incidental or consequential damages. |
| 1.6. | You agree that you are responsible to pay all applicable taxes, and to obtain all relevant licenses and permits associated with the legal operation of your enterprise. |
| 1.7. | You agree to indemnify and hold the Company harmless for any damages or costs incurred as a result of your violation of any law, regardless of whether they are actual, incidental, consequential, or punitive. |
2. |
Part 2 |
| 2.1. | You agree that the cookie lifetime is set to 30 days. This means that at all clicks, the partnerprogram software will remember the partner code, and during this period (30 days) the partner code will be active on the client's computer. So if you send a visitor within 30 days of purchase, you will have the commission. The exception is when a visitor deletes cookies from his/her computer. |
| 2.2. | You agree that the monthly minimal requirement, under which there will be holding of payoff until next month is: $100. We can not pay any lower amount of this. |
| 2.3. | You agree that your commission is paid on the 15th day of the following month with PayPal or wire transfer costing $20/transaction deducting from your commissions. We usually pay the commissions in USD, but they can be converted into any currency by client request. In the case of conversion merchant fees will being deducted from commission amount. |
| 2.4. | You agree that our company has the right to change the level of partner commissions, without your consent and notice. |
| 2.5. | You agree to make no such promotions that might conflict with PayPal's 60-day return policy. |
| 2.6. | You agree to make no such promotions that involve unlicensed use of materials protected by copyright or trademark law. |
| 2.7. | You agree that you will not engage in activities that interfere with our tracking of commissions, or with the normal flow of traffic from affiliates. |
| 2.8. | You agree that all such promotions will be fully compliant with international, federal and state laws, including US federal and state laws regarding network abuse and unsolicited messaging. |
3. |
Part 3 |
| 3.1. | If you send (or cause to be sent) messages by electronic means (including but not limited to email, and instant messages) in connection with the direct or indirect promotion of the Company's products, then you represent and warrant the following: |
| 3.2. | - No such message will be sent to any individual who has not explicitly requested to receive such messages specifically from you or your company. |
| 3.3. | - No such message will be sent to any individual who has explicitly requested to receive no further messages from you or your company. |
| 3.4. | - No such message will include any false or misleading information regarding your identity, or the intent, subject, or origin of the message. |
| 3.5. | - All such messages will include accurate information regarding your identity, and the intent, subject, and origin of the message. |
| 3.6. | - No such message will include any incomplete, invalid, misleading, fake, or forged message headers. |
| 3.7. | - All such messages will include complete, valid, and accurate message headers indicating the origin of the message. |
| 3.8. | - No such message will be delivered in conjunction with the use of mousetraps, such as windows that reappear, spawn new windows or otherwise resist being closed. |
| 3.9. | - No such message will be delivered via means that exploit documented or undocumented security holes on any client or server machine. |
| 3.10. | - All such messages by email will include clear, valid, and conspicuously displayed From, Subject, Removal or Opt-Out information, and a functioning return address (or hyperlink) that 1) enables the recipient to submit a request to receive no further messages from you; and 2) remains capable of receiving such requests for no less than 30 days from the date the message was sent. |
| 3.11. | - No such message will be sent to an address that was obtained via 1) automated means from an Internet website or proprietary online service operated by another party; 2) generation of possible addresses by combining names, letters, or numbers into numerous permutations; or 3) spyware, viruses, or other means of bypassing system security or invading consumer privacy. |
| 3.12. | - No such message will include any fraudulent, deceptive, false or misleading information. |
| 3.13. | - All such messages will be in full compliance with international, federal and state laws and regulations governing online abuse, unsolicited email messages, commercial electronic mail, electronic messaging, and advertising. |
4. |
Part 4 |
| 4.1. | You understand that the Company may temporarily hold or permanently seize all funds in your partner account if we determine that your account is associated with: - illegal activity, or - flagrant disregard for our rules by You, or - lawsuits directed at the Company or its employees, or - legal threats, abusive language, harassment, or other antisocial behaviour directed at the Company, its employees, or their families by You. |
| 4.2. | You understand that the Company may temporarily or permanently hold any portion of the funds in your account if we determine such action is needed to secure the payment and performance of all liabilities, obligations, and indebtedness may incur with our Company. |
| 4.3. | You understand that the Company reserves the right to modify the FIT5 Affiliate Client Contract at any time, without your consent and notice. |
| 4.4. | 21-11-2011 - FIT5 Ltd. |
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