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Affiliate Agreement
 

AFFILIATES - AFFILIATE AGREEMENT

 

MetroflexGymTraining.com Affiliate Agreement, Anti-Spam Policy And Earnings Disclaimer

To: All MetroflexGymTraining.com Affiliates
From: Bullpen Marketing LLC

Please read (do not skip) this affiliate agreement.  This is because we do not tolerate spam or abuse of the affiliate program in any manner.  If you break the rules, your Clickbank account will be shut down and you agree that you will forfeit your earnings.  Know the rules of this agreement so that you can get your affiliate revenues in a timely manner.

METROFLEXGYMTRAINING.COM AFFILIATE AGREEMENT

This agreement describes the terms and conditions for participation in the MetroflexGymTraining.com e-book Affiliate Program.  In this agreement, the term "Affiliate" refers to you (the applicant). In this agreement, MetroflexGymTraining.com, Bullpen Marketing LLC, and its members (or "Vendor") refers to the product owner and publisher, Metroflexgymtraining.com which is owned by Bullpen Marketing LLC (A Texas Limited Liability Corporation).

The Vendor affiliate program (www.metroflexgymtraining.com) is administered entirely through a 3rd party affiliate management company called Clickbank (www.Clickbank.com).

To enroll in the affiliate program, all affiliates must sign up on the Clickbank website. The Vendor affiliate program is governed by all rules, regulations, terms and conditions dictated by Clickbank’s “client contract.”  You can access Clickbank’s client contract at:

http://www.clickbank.com/terms.html

Affiliate Site

An affiliate account can be created by filling out and submitting the Clickbank affiliate sign up form.  Here is a link to that form:

http://bullpen2.jmap.clickbank.net

On that page, each new affiliate will be asked to choose a Clickbank account name (also called a Clickbank affiliate “nickname”).  This account name/nickname will consist of 5 – 10 letters and numbers.  This Clickbank nickname will be used in the affiliate link which Clickbank calls a “Hoplink.”  When a prospective customer clicks on your affiliate Hoplink the destination website will be http://www.metroflexgymtraining.com.

Commissions

Unless noted elsewhere, you, as the affiliate, agree to receive 45% of the revenue as a commission from orders placed through a properly-coded Affiliate link, less the credit card processing fees & charges outlined in the Clickbank Accounting Policy page.  You can access the link describing Clickbank’s Accounting Policies here:

https://www.clickbank.com/accounting.html   

Commissions may change at the discretion of the product publisher, Vendor.  You may also receive announcements through the Affiliates newsletter of any commission increases during limited promotions.  The commissions will return to the regular 45% commission rate after the end of any special promotion.

For a sale to generate a commission to an Affiliate, the customer must complete the order form and remit full payment for the product ordered through the Clickbank secure order system.  You will not receive any commissions on “word of mouth” referrals, as Clickbank and Vendor will have no way to quantify these sales.  Commissions will only be paid on sales that are made when the customer clicks through qualified, correctly structured Affiliate links.  Properly coded links are the sole responsibility of the affiliate.  Clickbank offers real-time reporting, and you may check your account at any time by going to https://www.clickbank.com/login.htm and then checking your account reports.

Payment

Clickbank will send a check to you for the applicable commissions within the framework of their payment policies: www.Clickbank.com/paychecks.html.  If any order that generated an affiliate commission is returned by the customer, or if there are any returned checks or charge backs, the amount will be deducted by Clickbank from the next payment due to the affiliate.  Please read Clickbank’s policy for any check processing fees as well which will deducted from any checks sent to you by Clickbank.

Order Fulfillment

Clickbank will be solely responsible for processing every e-book order placed by a customer on the Affiliate Site.  You and all other Affiliates are not authorized to collect payments or sell any Vendor products from other websites as a "reseller" and no "resale" rights are granted in any manner.  You, as an Affiliate, are not authorized to sell any of these products on eBay or other auction sites.  You are not authorized to give away copies of any of the e-books, reports, newsletters, mini-courses, etc.  Vendor will also be solely responsible for all customer service inquires.  All affiliates understand and acknowledge that no physical products will be shipped. Vendor’s products are only in digital format; and they only are available through download from - or to be sent to the customer electronically by - Vendor.

Customers

Customers who purchase products and services through the Affiliate Program will be deemed to be customers of the Vendor. Accordingly, all rules, policies, and operating procedures concerning customer orders and service will apply to those customers. We may change our policies and operating procedures at any time.  Prices and availability of our products and services may vary from time to time. Vendor’s policies will always determine the price paid by the customer for any materials created by Vendor.

Use of Vendor (www.metroflexgymtraining.com) E-mail addresses

It is prohibited and illegal to use the vendor's (MetroflexGymTraining.com) email addresses in any way. For example, if you enter the vendor's email address (e.g. newsletters@www.metroflexgymtraining.com) into any online web form (example, to submit classifieds, links or advertisements), or if you send out mail with a reply address that is not yours, but is the vendor's (e.g. newsletters@www.metroflexgymtraining.com), this is not only a violation of the affiliate agreement which will result in termination of your Clickbank account and forfeiture of commissions, it is also unlawful and can result in litigation against you.

Use of Vendor and Vendor Intellectual Property In Domain Names

MetroflexGymTraining.com and all books, reports, newsletters, logos, e-book covers, banner ads, etc are registered copyrights of Vendor.  It is illegal to register or use these copyrights in a domain name for any reason without the express written permission of Vendor.  It is considered infringement to use this intellectual property in domain names or in advertisements for the purposes of promoting or advertising any products other than the Vendor e-book.

Use of Vendor and Vendor Intellectual Property in Pay-Per-Click (PPC) Advertising And Other Advertising

MetroflexGymTraining.com and books, reports, newsletters, logos, e-book covers, banner ads, etc. are registered copyrights of Vendor.  It is illegal to use any of this intellectual property in any Pay-Per-Click Advertising, including, but not limited to, Google’s AdWords service, for the purpose of promoting any product other than MetroflexGymTraining.com.

Banner Advertisements And Other Graphic Advertisements

Affiliates of Vendor may not design and publish their own banner ads, e-Book covers, pop-up ads, or other graphic advertisements without first getting the approval of Vendor.  Vendor, however, welcomes the submission of creative graphic advertising for approval; and we will even work together with affiliates to jointly develop new, custom graphics, e-book covers, banners or other creative graphic advertising.  Affiliates are responsible for all expenses related to creation of their own custom graphic advertisements. You must get approval from us before creating and publishing new banner ads and other graphic advertisements to be posted on any website, blog, or any other marketing material both online or in print.

Qualifying Sites

Clickbank.com and Vendor reserve the right to refuse any entry into the Affiliate Program based on site content.  Sites that do not qualify for the Affiliate Program include sites which:

·                  Promote sexually explicit materials

·                  Promote violence

·                  Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age

·                  Promote illegal activities

·                  Infringe or otherwise violate any copyright, trademark, or other intellectual property rights

·                  Target children under the age of 16

 

CLICKBANK.COM AND VENDOR ANTI-SPAM POLICY 

Clickbank and Vendor strictly prohibit their affiliates from using spam e-mail and other forms of Internet abuse (including “forum spam” and “blog spam”) to seek sales. Our anti-spam policy is not limited to the "CAN-SPAM" laws or any other outside agency's definition of spam.  The CAN-SPAM policy can be found on the FTC website:  http://www.ftc.gov/bcp/conline/pubs/buspubs/canspam.htm

Please note "spam" may be defined by Clickbank.com and Vendor as ANY unsolicited e-mail or marketing communications and/or any e-mail or marketing communications that generate complaints deemed excessive or unacceptable to Vendor or Clickbank.com or which could harm the reputation or business of Vendor or Clickbank.com.  By promoting the Vendor affiliate program, you agree and understand that spam may be defined as including, but is not limited to ANY of the following:

·        Electronic mail messages addressed to a recipient with whom the sender does not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient through an opt in subscription.

·        Messages posted to Usenet, forums and message boards that are off-topic (unrelated to the topic of discussion), cross-posted to unrelated newsgroups, posted in excessive volume, or posted against forum/message board rules. Be conscious of forum rules! If a forum owner or moderator complains that an affiliate has spammed, the affiliate account may be permanently terminated after investigation.

·        Content posted on free blog websites, especially multiple blog websites that are not updated and are used for the sole purpose of keyword spamming, or comments posted to legitimate blogs that violate the comment policy of the blog owner.

·        Solicitations posted to chat rooms, or to groups or individuals via Internet Relay Chat or "Instant Messaging" system (such as ICQ);

·        Certain off-line activities that, while not considered Spam, are similar in nature, including distributing flyers or leaflets on private property or where prohibited by applicable rules, regulations, or laws.

·        Any spam-related violations of social networking websites such as MySpace, Yahoo 360, LinkedIn, etc.

Vendor, in conjunction with Clickbank.com, may undertake, at its sole discretion and with or without prior notice, the following enforcement actions:

Account Termination: Upon the receipt of a credible complaint, and after investigation, Vendor may immediately contact Clickbank.com to investigate the complaint, and if necessary, will then request or approve termination of the affiliate account of the individual implicated in the abuse. Termination results in the immediate closure of the Clickbank account, the loss of all referrals, and the forfeiture of any unpaid money on account. At Clickbank’s sole discretion, termination may not only result in being banned from the Vendor affiliate program, but also being banned from ANY other Clickbank affiliate programs.

If you wish to report a violation of our Anti-Spam Policy, please forward all relevant evidence to our customer service department (info@metroflexgymtraining.com).

For more information on what spam is, why it is bad, and what can be done about it, visit:

·        The Responsible Internet Commerce Site
www.spam.abuse.net

·        The Mail Abuse Prevention System, LLC
www.mail-abuse.org

·        The Network Abuse Clearinghouse
www.abuse.net

·        The Coalition Against Unsolicited Commercial Email
www.cauce.org

Relationship of Parties

All Affiliates are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties.  Affiliates have no authority to make or accept any offers or representations on our behalf.  Affiliates will not make any statement, on any website, in print, media broadcasts, radio programs, or anywhere else, that reasonably would contradict this statement.

Term and Termination

The term of this Agreement will begin when you accept and will end when terminated by either party.  Either Vendor or the affiliate may terminate this Agreement at any time, with or without cause, by giving the other party written notice at least 10 calendar days before termination.  Upon the termination of this Agreement for any reason, all licenses granted hereunder shall immediately terminate and you will immediately cease use of, and we have a right to remove or cause the removal of an Affiliate's Web Site, all links to the Vendor websites, and all Vendor intellectual property, and all other materials provided in connection with this program.

Limitation of Liability

We disclaim liability for, and you agree to exonerate us from liability for indirect, special, or consequential damages (or any loss of revenue, profits, expenditures, data, or other figures) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages.  Further, you agree that Vendor’s aggregate liability arising with respect to this Agreement and the Program will not exceed the total commissions payable to the affiliate under to this Agreement for the balance since the last affiliate check you have received.

Disclaimers

We make no express or implied warranties or representations with respect to the Affiliate Program or an affiliate’s potential to earn income from the Affiliate Program. In addition, we make no representation that the operation of the Vendor websites or the Affiliate links will be uninterrupted or error-free, and Vendor will not be liable for the consequences of any interruptions or errors.

Indemnity and Liability

You agree to indemnify and hold Bullpen and Metroflex and their officers, co-branders, other partners and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: (a) your User Materials and any other content (e.g. computer viruses) that you may submit, post to or transmit through the Site (including a third party’s use of such User Materials or content (e.g. reliance on the accuracy, completeness or usefulness of your User Materials)); (b) your access to or use of the Site, Services or Materials (including any use by your employees, contractors or agents and all uses of your account numbers, user names and passwords, whether or not actually or expressly authorized by you, in connection with the Site or any Services or Materials); (c) your connection to the Site, Services or Materials; (d) your violation of the Terms of Use; (e) the actions of any member of your Work Group; (f) your infringement of any third party’s Intellectual Property Rights when using any of the Software made available on the Site, Services or in any Materials; (g) your violation of any rights of any third party; (h) your access to or use of Linked Sites and your connections thereto; or (i) any dealings between you and any third parties advertising or promoting via the Site, Services or Materials.

 

Governing Law And Jurisdiction

This Site (excluding linked sites) is controlled by Vendor from its offices within the state of Texas, United States of America.  By accessing this Site, you agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of Texas, without regard to the conflicts of laws principles thereof. The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods.  You also agree and hereby submit to the exclusive personal jurisdiction and venue of the Courts of Dallas County and the United States District Court for the Northern District of Texas with respect to such matters.

 

Adjudication of Disputes, Forum:  Waiver of Right to Jury Trial

 

In the event that any dispute arises between you and Bullpen whether under the terms hereof or as a result of any action taken by Bullpen or you as a result or consequence of your use of Bullpen’s or Metroflex’s website or any documents or materials you downloaded, viewed or referred to on the this website, or by reason of any communication, request for information or other contact between you or a representative of yours and Bullpen or any representative of the Bullpen, you and Bullpen expressly agree to waive and hereby waive any rights we each may have to a trial by jury of any and all issues arising in any action or proceeding between you and Bullpen or our respective successors, representatives, assigns, or heirs.  In addition, any claim, dispute, or controversy (“claim”) by you or Bullpen against the other shall be resolved in an appropriate court of law located in Dallas County, Texas, as described above.  

Language

It is the express wish of the parties that all related documents have been drawn up in English.

Assignment

You may not assign this Agreement, by operation of law or otherwise, without our prior written consent.  Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns.

Miscellaneous

Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

Updates And Revisions To This Agreement

As the Internet is an evolving media and technology, new forms of abuse have arisen and are likely to continue to arise in the future.  If and when such new abusive practices occur, Vendor reserves the right to assign existing affiliate policies to the new forms of abuse.  We will then update and revise this affiliate agreement.  In addition, this affiliate agreement may be revised and updated at any time for any other reason at the discretion of the vendor.  Any changes or additions to Clickbank.com’s Affiliate Agreement will also apply as soon as they are effective in the Clickbank.com Affiliate Agreement, whether they are listed on this page or not.

If any of the provisions of this Agreement are determined by a court to be unenforceable, they shall be severed from this Agreement, and the remaining provisions shall remain in full force and effect.

By signing up with Clickbank, you acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated this program and are not relying on any representation, guarantee or statement other than as set forth in this agreement.

 

VENDOR AFFILIATE PROGRAM EARNINGS DISCLAIMER

If any earnings or income statements, or earnings or income examples are mentioned on this website or in emails or newsletters sent on behalf of Vendor, they are only based on what other affiliates have actually earned.  There is no assurance you will do as well.  If you rely upon any sales figures we provide, you must accept the risk of not doing as well.

If any specific income figures are used and attributed to an individual or business in any documents from us (such as an affiliates newsletter or an affiliate marketing piece) those persons or business have earned that amount.  There is no assurance you will earn the same amount.  If you rely upon any figures we provide, you must accept the risk of not doing as well.

Any and all claims or representations as to the income earnings of affiliates from this website are not to be considered as average earnings. There can be no assurance that any prior successes, or past results, as to the income earnings, can be used as an indication of your future success or results.  You agree to bear sole risk of success or failure with this affiliate program. 

Monetary and income results are based on many factors. We have no way of knowing how well you will do, as we do not know you, your background, your work ethic, or your business skills or business practices. Therefore, we do not guarantee or imply that you will get rich, that you will do as well, or make any money at all. There is no assurance you will do as well. If you rely upon our figures, you must accept the risk of not doing as well.

Internet businesses and earnings derived from them, have unknown risks involved and are not suitable for everyone.  Making decisions based on any information presented in our products, services, or website, should be done only with the knowledge that you could experience losses, or make no money at all.

All products, information and services by our company are for educational and informational purposes only. Use caution and seek the advice of qualified professionals. Check with your accountant, lawyer or professional advisor, before acting on this or any information.

Users of our products, services, and website are advised to do their own due diligence when it comes to making business decisions and all information, products and services that have been provided should be independently verified by your own qualified professionals. Our information, products, and services on this website should be carefully considered and evaluated, before reaching a business decision, on whether to rely on them.

You agree that Vendor is not responsible for the success or failure of your business decisions relating to any information presented by our company, or our company products or services.

Sincerely,

Bullpen Marketing LLC and MetroflexGymTraining.com

 

 

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