This Affiliate Program Agreement (“Agreement”) contains the terms and conditions between us and you, regarding your participation in the Burn Fat and FEAST (“BFF”) Affiliate Program. The terms of this agreement are subject to change without prior notice, but we will try to notify you of such changes in advance.
BY SUBMITTING AN APPLICATION TO JOIN OR BY PARTICIPATING IN THE AFFILIATE PROGRAM, YOU ARE CONFIRMING THAT YOU HAVE READ THIS AGREEMENT AND THAT YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
“Affiliate”- The business, individual or entity applying to or participating in the Affiliate Program using an affiliate tracking code in exchange for receiving a commission from Burn Fat and FEAST for sales directly resulting from that code.
“Commission Fees”- The amount you will be paid for each Qualified Purchase made by a Referred Customer that you refer to Burn Fat and FEAST pursuant to the terms of this Agreement.
“Qualified Purchase”- A sale of Burn Fat and FEAST products and services using the Affiliate code.
“Referred Customer”- Each new and unique customer referred from the Affiliate that provides valid account and billing information.
You are applying for our BFF Affiliate Program right now. Please check your email inbox within forty-eight (48) business hours of submitting your application for your Affiliate approval and Affiliate code. We reserve the right to decline or remove your enrollment from the program at our discretion. As soon as your application is accepted, you can start sharing your Affiliate Code and begin earning affiliate commissions when people use your code to purchase Burn Fat and FEAST services. As an Affiliate, you can manage your personalized code in your Affiliate dashboard. Affiliate codes are not valid for downloadable products and tangible merchandise. Please note, our Affiliate Program is for Burn Fat and FEAST active members only. We feel strongly that in order to spread the word about our lifestyle, you must first go through it yourself and be living the lifestyle.
Your affiliate code is unique to you. As you send traffic to our Burn Fat and FEAST website, you will receive credit for each NEW Burn Fat and FEAST purchase when your Affiliate Code is used.
Each purchase will be tracked via your Affiliate Code and only NEW Burn Fat and FEAST participants qualify under your code. When a prospective customer visits our site and uses your Affiliate Code, we will be able to register their initial purchase (if/when they make one), and credit the sale to you. Commission is paid on the full amount of the initial purchase of the Burn Fat and FEAST program and does not include recurring payments or other purchases that customers make over time (such as: returning clients, membership clients, and all other purchases such as cookbooks and other merchandise. These will be EXCLUDED from affiliate payments.)
As your referrals generate sales, you will earn Affiliate commissions. Commission is paid through PayPal once a month. We pay you via PayPal, only. If you do not have a PayPal email on file, you will not receive payment that month.
As an Affiliate, you will receive a percentage (currently 10% for new affiliates) of the new registration via our website and your Affiliate Code after the new registrant/referral has completed two (2) months of payments and been active for 60 days. The new registrant will also receive 10% off of their initial registration fee. Please note, if a registrant pays for one month, then cancels before the second month payment, Affiliate commission WILL NOT be paid on this registrant. Commissions will be withheld until the second month payment is processed for each registrant. Payments will only be sent for transactions that have been successfully completed. Transactions that result in chargebacks, cancels or refunds will not be paid out. You cannot refer yourself and you will not receive a commission on your own accounts.
If registrant/referral forgets to enter affiliate code during registration, the Burn Fat and FEAST team will NOT go back and reimburse/credit affiliate or referral.
Burn Fat and FEAST reserves the right to suspend payment of Commission Fees at any time and indefinitely, if it suspects fraud or other improper activity or a potential breach of any of the terms of this agreement by the Affiliate. Burn Fat and FEAST reserves the right to deduct from the Affiliate’s current and future Commission Fees and any and all Commission Fees corresponding to any fraudulent, questionable, and canceled purchases.
Burn Fat and FEAST reserves the right to immediately cancel or withhold for later review any Commission Fees that fail to meet the criteria of a “Qualified Purchase”. The Affiliate is responsible for the monitoring the payment, denial, and withholding of Commission Fees. Burn Fat and FEAST is not obligated to actively notify the Affiliates of the status of their Commission Fees. If the Affiliate has a question about a Commission Fee that has been canceled or withheld, the Affiliate has thirty (30) days from the day the payment would have been due to contact Burn Fat and FEAST to request that the Commission Fee be paid. Any changes to decisions about canceled or withheld Commission Fees are strictly made in Burn Fat and FEAST’s sole discretion.
Any attempt by an Affiliate to manipulate, falsify or inflate Qualified Purchases, or Commission Fees to intentionally defraud Burn Fat and FEAST as well as any violation of the terms of this Agreement constitutes immediate grounds for Burn Fat and FEAST to terminate the Affiliate’s participation in the Affiliate Program and will result in the forfeiture of any Commission Fees due to the Affiliate.
We reserve the right to change/update this affiliate compensation amount as well as the participant discount at any time.
It is the intent of Burn Fat and FEAST to treat all of our customers fairly. Accordingly, we require all Burn Fat and FEAST Affiliates to comply with the applicable laws, regulations and guidelines concerning advertising and marketing. Please see the Federal Trade Commission (FTC) endorsement rules in place for affiliate marketing.
When posting or sharing your code, you should make it known to your readers and followers that you will receive compensation if they buy a product via your code. This declaration should be clear and conspicuous (and reiterated as needed).
Burn Fat and FEAST reserves the right to withhold Commission Fees and cancel the Affiliate relationship with you should we determine, at our sole discretion, that you are not in compliance with FTC regulations.
We make no express or implied warranties or representations with respect to the Affiliate program or any Burn Fat and FEAST product or service sold through the Affiliate Program (including, without limitations, WARRANTIES OF FITNESS, MERCHANTABILITY, NON-INFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, DEALING OR TRADE USAGE). In addition, we do not make representations that the operation of our website will be uninterrupted or error free, and we will not be liable for the consequences of any interruptions or errors.
You and Burn Fat and FEAST are independent contractors and nothing in this Agreement will create any partnership, joint venture, agency or franchise.
Either party may terminate this Agreement at any time, with or without cause.
Commission Fees earned prior to the date of termination will be eligible for a payout only if the orders for the related Burn Fat and FEAST products and services are not canceled within thirty (60) days and comply with all of the terms of this Agreement. We may withhold your final payment of Commission Fees for a reasonable time to ensure that all “Qualified Purchases” are valid and payment from the Referred Customer(s) is/are legitimate as determined by Burn Fat and FEAST in its sole discretion.
Any Affiliate who violates this Agreement or any applicable law will immediately forfeit any right to any and all accrued, but not yet received, Commission Fees and will be immediately removed from the Affiliate Program.
We may modify this Agreement at any time in our sole discretion, provided that the change shall solely apply to events occurring after the date on which the modification(s) take effect unless you otherwise agree herein. Such modification shall take effect when posted on our website. Modifications may include but are not limited to, changes in the scope of available Commission Fees, commission amounts or percentages, payment procedures, Commission Fee payment schedules, and the Affiliate Program rules. If any modification is unacceptable to you, your only recourse is to terminate this agreement, in which event you shall be entitled to your rights under the unmodified Agreement.
You hereby represent and warrant to us as follows:
You have reviewed and understand this Agreement and agree to be bound by its terms.
Your acceptance of this Agreement and participation in the Affiliate Program will not violate: (i) any provision of law, rule or regulation to which you are subject, (ii) any order, judgment or decree applicable to you or binding upon your assets or property, (iii) any provision of your by-laws or certificate of incorporation or (iv) any agreement or other instrument applicable to you or binding upon your assets or properties.
You are at least eighteen (18) years old.
WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF REVENUE, PROFITS, OR DATA, ARISING IN CONNECTION WITH THIS AGREEMENT OR THE AFFILIATE PROGRAM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You hereby agree to indemnify and hold harmless Burn Fat and FEAST and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs and expenses (including reasonable attorneys’ fees) insofar as such losses arise out of or are based on any misrepresentation or warranty or breach of a covenant or agreement made by you herein.
The laws of the State of Tennessee will govern this Agreement. Any action relating to this Agreement must be brought in federal or state court in Williamson County, Tennessee and you irrevocably consent to the jurisdiction of such courts.
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 a provision or any other provision of this Agreement.
The Agreement is an electronic contract that sets out the legally binding terms of your participation in the Burn Fat and FEAST, LLC affiliate program. You indicate your acceptance of this Agreement and all of the terms and conditions contained or referenced in this Agreement by completing the Burn Fat and FEAST, LLC Affiliate registration process. This action creates an electronic signature that has the same legal force and effect as a handwritten signature.
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