By signing up to be a Partner in the Fit Grinds Partner Program (“Program”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
Fit Grinds reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Program, including the release of new tools and resources, shall be subject to the Terms of Service. Other modifications may include, but are not limited to, changes in the scope of available referral fees, fee schedules, payment procedures and Program rules. Continued use of the Program after any such changes shall constitute your consent to such changes.
Violation of any of the terms below will result in the termination of your Account and for forfeiture of any outstanding Partner commission payments earned during the violation. You agree to use the Partner Program at your own risk.
As a Partner, we expect you to comply with all applicable rules, regulation laws, statutes, ordinances, codes, and guidelines, including those of the Food & Drug Administration (“FDA”) and the Federal Trade Commission (“FTC”), and to maintain the utmost integrity when dealing with customers and prospective customers.
Links/graphics on your site, in your emails, on your social channels, or other communications
Once you have signed up for the Partner Program, you will be assigned a unique Partner Code. You are permitted to place links, banners, or other graphics we provide with your Partner Code on your site, in your emails, or in other communications. We will provide you with guidelines, link styles, and graphical artwork to use in linking to Fit Grinds.
To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special link formats to be used in all links between your site and Fit Grinds. You must ensure that each of the links between your site and Fit Grinds properly utilizes such special link formats. Links to Fit Grinds placed on your site pursuant to this Agreement and which properly utilize such special link formats are referred to as “Special Links.” You will earn referral fees only with respect to sales on a Fit Grinds product occurring directly through Special Links; we will not be liable to you with respect to any failure by you or someone you refer to use Special Links or incorrectly type your Partner Code, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement.
Partner links should point to the page of the product being promoted.
All materials provided to you as part of the Product or Program which are the subject of this Agreement are proprietary and may not be duplicated, copied, reproduced, published or displayed in any form without the prior express written permission of Fit Grinds. You may not re-use, perform, modify, transmit, re-post or use in any way the content or any derivative works thereof, without the prior express written permission of Fit Grinds. All trademarks, logos, and service marks displayed on any materials provided as part of the Product or Program under this Agreement are protected by US and International copyright and Intellectual Property laws. Access to any materials or content online or otherwise as part of the Product or Program subject to this Agreement should not be construed as granting any license or right to use said content, including trademarks, logos and service marks by any third-party beyond the scope of this program.
Referral fees/commissions and payment
Partners will receive 10% of the sale as a commission from orders placed through properly coded Partner links. This commission will be minus the amount of any returns, refunds, chargebacks (including but not limited to credit card fraud) and sales attributed to spam. For a Product sale to be eligible to earn a referral fee, the customer must click-through a Special Link from your site, email, or other communications to https://fitgrinds.com and complete an order for a product during that session. Word of mouth referrals unless a unique affiliate coupon code is applied will not result in an affiliate commission being generated.
We will only pay commissions on links that are automatically tracked and reported by our systems. We will not pay commissions if someone says they purchased or someone says they entered a referral code if it was not tracked by our system. We can only pay commissions on business generated through properly formatted special links that were automatically tracked by our systems. Partner has no right to commissions based upon subsequent sales (including subscriptions), or where “cookies” are used, overwritten or deleted, even where the customer first arrived at the Company site through your Partner link.
We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.
Payments only begin once you’ve earned more than $20 in Partner income. If your Partner account never crosses the $20 threshold, your commissions will not be realized or paid. We are only responsible for paying accounts that have crossed the $20 threshold.
We pay partners in U.S. dollars via a PayPal account, mailed check, or Zelle with necessary information provided to us when a member joins. If payment options change, it is the responsibility of the partner to notify the Partner Program to ensure proper commission payments. We will not resend payments returned due to incorrect payment email addresses. Payments to partners are made in the period following the 30-day refund period after purchase by the customer.
Partner will not be paid any commissions until we have received a properly signed and executed W9. The IRS requires us to collect this information.
Referrals older than 30 days and in good standing (i.e. the purchase has not been refunded) will be included with each commission payout (if the commission balance totals $50.00 or over). If a purchase is refunded, a commission won’t be paid out for that referral.
We reserve the right to reject affiliate commissions for any reason. Commission rejections may occur for the following reasons:
For any Partner that reaches the minimum payout of $20 each month, they’ll earn a free 12 oz bag of coffee for themselves. You pick and we’ll send it to you free!
For any Partner that reaches a payout of $50 or more each month, we’ll send 2, 12 oz bag bags of coffee free.
This is a small token of our gratitude and a way to say thank you for being our Partners!
As long as your current Partner earnings are over $20, you’ll be paid each month. If you haven’t earned $20 since your last payment, we’ll pay you the following month after you’ve crossed the threshold.
Identifying yourself as a Fit Grinds Partner
You may not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, say you develop our products, say you are part of Fit Grinds or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause).
You may not purchase products through your Partner links for your own use. Such purchases may result (in our sole discretion) in the withholding of referral fees and/or the termination of this Agreement.
Customers who buy products through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that you have listed on your site, you should not display product prices on your site. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:
Compliance with Laws
As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.
Term of the Agreement and Program
The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to https://fitgrinds.com, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. Fit Grinds reserves the right to end the Program at any time. Upon program termination, Fit Grinds will pay any outstanding earnings accrued above $20.
Fit Grinds, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other Fit Grinds service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. Fit Grinds reserves the right to refuse service to anyone for any reason at any time.
Partner application rejection
We reserve the right to reject Partner applications for any reason. We also reserve the right to choose whether we provide an explanation or reasoning for a Partner application rejection. Below are just a few examples of reasons an application may be rejected (this is not all encompassing):
The following types of sites are not permitted to become a partner: adult sites, sites that display adult material or banners, sites that promote violence, hatred or bigotry, sites that promote or engage in illegal activity, including (but not limited to), hacking, cracking, nulled, and warez sites. Partner applications for inappropriate websites will be rejected, and we reserve the right to choose whether or not to provide a reason for rejection.
Relationship of Parties
You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.
Limitations of Liability
We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.
We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the Fit Grinds will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our Partners shall be submitted to confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
This Agreement will be governed by the laws of The United States, without reference to rules governing choice of laws. 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. 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.
The failure of Fit Grinds to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Fit Grinds and govern your use of the Service, superseding any prior agreements between you and Fit Grinds (including, but not limited to, any prior versions of the Terms of Service).
If you have any questions regarding this Agreement or any aspect of our Program, please contact us at firstname.lastname@example.org.