Keto-Mojo Affiliate Terms & Conditions

Revised Date: March 25, 2025

Table of Contents

Introduction Summary

1. Approval or Rejection of the Affiliate Program

2. Affiliate Account

3. Authorized Use of Our Sites

4. Affiliate Sales and Commissions

a. Commission Structure

b. Payment Schedule

c. Taxes

5. Affiliate Link and Tracking

6. Order Reversals and Program Suspension

7. Promotion Guidelines

a. Assets

b. Social Media

c. Advertising

8. Disclosure Statement

9. Prohibited Claims

10. Affiliate Responsibilities

11. Our Intellectual Property Rights

12. Relationship of Parties

13. Indemnification

14. Confidentiality

15. Disclaimer of Warranties

16. Limitation of Liability

17. Independent Investigation

18. Dispute Resolution

a. Initial Dispute Resolution

b. Agreement to Binding Arbitration

c. Class Action and Class Arbitration Waiver

d. Exceptions

e. Mass Arbitration Before NAM

f. 30-Day Right to Opt-Out

g. Term for Cause of Action

h. Exclusive Venue for Litigation

i. Governing Law and Rules

j. Arbitration Agreement Survival

19. Term and Termination

a. Termination by Us

b. Termination by Youc. Post Termination Actions

20. Amendments or Modification

21. Notice to California and New Jersey Residents

22. Miscellaneous

a. No Waiver

b. Severability

c. Assignment

d. Entire Agreement

e. No Third-Party Beneficiaries

f. Force Majeure

g. Notices and Consent to Electronic Communications

h. Governing Law for Customers from the EU

23. Contact Information

Introduction Summary

When you join the Keto-Mojo Affiliate Program, you help us share the benefits of our products

with others—and get rewarded for it.

You’ll earn commissions on Keto-Mojo meter kits purchased by the customers you refer.

As an affiliate, you’ll receive a unique referral link to include in your content. We’ll

automatically track sales made through that link, so you get credit for each qualifying purchase.

Who Can Join

You must:

• Be at least 18 years old

• Be a real person (not a business or organization)

• Have a website, social media, or audience that aligns with our values

We reserve the right to accept or decline applications for any reason.

Affiliate Commission Overview

Affiliates earn commissions based on the following structure:

• Flat Rate Commission:

o $5 for every Keto-Mojo meter kit sold through your unique Affiliate Link.

• New Customers Only:

o Commissions do not apply to individuals who have previously purchased a

Keto-Mojo meter.

o You will earn commissions only from first-time customers who purchase

using your Affiliate Link.

• Eligible Commissions:o Commissions earned under this agreement are referred to as “Eligible

o Commissions.” Sales through your Affiliate Link are referred to as “Affiliate

Sales.”

• We pay monthly, 30 days after the end of the month, to allow for refunds.

• Minimum payout: $50 via PayPal.

• You’re responsible for taxes on your earnings.

• Commission Terms May Change:

o The commission structure is subject to change at Keto-Mojo’s sole discretion.

o If changes occur, all Affiliates will be notified at least 30 days in advance of

any updates to the commission terms.

Note: We only pay for tracked sales — so make sure your links are working and properly

formatted.

How to Promote Us

You can:

• Share your affiliate link on your own blog, email list, social media, and YouTube

• Use the creative assets we provide (like logos and banners) — but don’t change them

or make your own without asking

• Disclose clearly that you’re being compensated when you recommend our products

Example: “As an affiliate, I may earn from qualifying purchases.”

Your Responsibilities:

• Managing your affiliate account and keeping your info up to date

• Making sure your content is accurate and doesn’t break the law

• Respecting intellectual property rights (yours and others)

• Following privacy laws (like disclosing cookies if required in your country)

Changes & Termination

• We may update the terms or change the commission — if we do, we’ll let you know.

• You can leave the program anytime.

• We may suspend or remove you if you break the rules or promote us in ways that don’t

align with our values.

Prohibited Conduct Summary > Triggers for Affiliate Account Termination

Affiliates must strictly avoid the following behaviors. Violations may result in account

suspension, order reversals, loss of commissions, or permanent removal from the program.

• Application & Program Integrity

o Submitting false or misleading information on the affiliate application.

o Creating more than one active affiliate account without written approval.

o Letting others access or use your affiliate account.• Website & Content Restrictions

o Hosting content that promotes:

▪ Sexually explicit material

▪ Violence or illegal activity

▪ Discrimination (race, gender, religion, etc.)

o Using Keto-Mojo or variations in your domain name.

o Distributing software downloads that divert commissions.

• Marketing & Promotion Violations

o Engaging in paid advertising (e.g., Google Ads, Facebook Ads) without prior

written approval.

o Bidding on keywords, search terms, or ad words that include:

▪ “Keto-Mojo”

▪ Product names or variations like “ketone meter” or “Keto Mojo meter”

o Purchasing domains that mimic Keto-Mojo branding (e.g., ketomojometer.com).

o Performing SEO targeting Keto-Mojo branded terms on pages containing affiliate

links.

o Making false health claims about Keto-Mojo products (e.g., diagnosing or curing

diseases).

o Publishing press releases about your participation without authorization.

o Displaying Keto-Mojo product pricing or using unauthorized promotional

materials.

o Creating websites that look like they’re from Keto-Mojo

o Offering cash or kickbacks to people for buying through your link

• Social Media & Link Usage

o Posting affiliate links on Keto-Mojo’s social media pages.

o Misrepresenting your relationship with Keto-Mojo (e.g., claiming to be an

employee or developer).

• Disclosure & Transparency

o Failing to include a clear disclosure statement when promoting affiliate links in

endorsements or reviews.

• Sales Practices & Traffic Generation

o Promoting via:

▪ Spam (e.g., unsolicited emails)

▪ Illegal or coupon-only websites

o Offering rebates, cash-back, or kickbacks from your commission.

o Driving traffic using automated tools, bots, or unverified sources.

o Self-referring or committing fraudulent transactions to earn commissions.

• Account & Security Misconduct

o Failing to protect login credentials.

o Using your account in an unauthorized or unethical manner.

o Failing to respond to compliance inquiries or verification requests.

Legal Stuff (Simplified)

• We’re not liable for indirect damages or lost earnings.

• We don't promise the service will always work perfectly.• Disputes outside the EU are resolved by arbitration, not in court (but you can opt out

within 30 days).

• If you're in the EU or UK, you have additional legal protections — we respect those.

If you have any questions, contact us:

[email protected]

Keto-Check, Inc., 952 School Street, Suite 212, Napa, CA 94559

PLEASE READ THIS AGREEMENT CAREFULLY. BY APPLYING TO AND/OR

BEING A MEMBER OF OUR AFFILIATE PROGRAM OR BY USING OUR

AFFILIATE PORTAL, YOU UNDERSTAND AND AGREE TO BE BOUND BY THIS

AGREEMENT AND RECOGNIZE THAT YOU MAY BE WAIVING CERTAIN

RIGHTS. THIS AGREEMENT CONTAIN AN ARBITRATION CLAUSE AND CLASS

ACTION WAIVER THAT AFFECTS YOUR RIGHTS IF YOU ARE LOCATED

OUTSIDE THE EU. IN SUCH CASE, YOU AGREE THAT, EXCEPT FOR CERTAIN

TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, DISPUTES

BETWEEN YOU AND KETO-MOJO ARISING OUT OF OR RELATED TO THIS

AGREEMENT WILL BE RESOLVED BY MANDATORY BINDING, ARBITRATION

AND YOU WAIVE YOUR RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN A

CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU HAVE THE

RIGHT TO OPT-OUT OF ARBITRATION AS EXPLAINED IN THAT ARBITRATION

CLAUSE (SECTION 16).

CONTINUED ACCESS AND USE OF THE AFFILIATE PORTAL OR

PARTICIPATION IN OUR AFFILIATE PROGRAM AFTER CHANGES HAVE BEEN

MADE TO THIS AGREEMENT CONSTITUTES YOUR ACCEPTANCE OF THE

REVISED AGREEMENT THEN IN EFFECT. YOU AGREE THAT YOU WILL

REVIEW THIS AGREEMENT PERIODICALLY AND THAT YOU SHALL BE BOUND

BY THIS AGREEMENT AND ANY MODIFICATIONS TO IT.

Welcome to the Keto-Mojo Affiliate Program. By participating in the Keto-Mojo Affiliate

Program (the “Affiliate Program”) and/or by submitting an application to become an Affiliate

(the “Affiliate Program Application”), as applicable, of Keto-Check, Inc (d/b/a Keto-Mojo,

“Keto-Mojo”, “we”,“us”,“our”), you are subject to these terms and conditions contained in this

Agreement (“Agreement”). “Affiliate” or “you” refers to the person who uses or accesses our

Services (defined below) under this Agreement.

Please read the entire Agreement carefully before registering and promoting Keto-Mojo as an

Affiliate. By submitting an Affiliate Program Application and/or accessing or using the Affiliate

portal website made available to Affiliates (“Affiliate Portal”), you indicate your acceptance of

this Agreement and its terms and conditions.You agree that your participation in the Affiliate Program is solely to legally advertise our

website and product(s) (our website, the “Merchant Site”, and together with the Affiliate Portal,

our “Sites”) to receive a commission on memberships and products purchased by individuals

referred to Keto-Mojo by your own website or personal referrals. Our provision of the Affiliate

Portal, Affiliate Program, and our Sites for these purposes constitute the “Services” under this

Agreement, and you agree that the provision of the Services is legally sufficient consideration

under this Agreement.

1. Approval or Rejection of the Affiliate Program

To enroll in the Affiliate Program, you must complete the application form and be approved by

Keto-Mojo. Applicants must be at least 18 years old and a “natural person” in your country of

residence and are fully able and competent to enter into the terms, conditions, obligations,

affirmations, representations, and warranties set forth in this Agreement, and to abide by and

comply with this Agreement. By submitting your application for the Affiliate Program, you

further represent and warrant that:

• You have the legal authority to enter into this Agreement and to be bound to the terms

and policies set forth in this Agreement.

• Your website does not contain any materials that are unlawful or solicitous of behavior

that is unlawful in the geographic area from which you operate.

• You have obtained any necessary clearances, licenses, or other permission for any

intellectual property used on your website. Nothing on your website infringes upon the

intellectual property rights of any person or entity. No person or entity has brought or

threatened an action claiming such infringement, nor do you have any reason to believe

that any person or entity will bring or threaten such a claim in the future.

• You do not compete with Keto-Mojo and that you are not an employee, agent, or partner

with any person or company that competes with Keto-Mojo.

We reserve the right to reject or deny any Affiliate Program application at our sole discretion,

including where we determine that your own website is unsuitable for our Program, including if

it:

• promotes sexually explicit materials;

• is strictly a coupon site;

• promotes violence;

• promotes discrimination based on race, sex, religion, nationality, disability, sexual

orientation, or age;

• promotes illegal activities;

• incorporates any materials which infringe or assist others to infringe on any copyright,

trademark, or other intellectual property rights or to violate the law;

• includes “Merchant” or variations or misspellings thereof in its domain name;

• is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing,

or racially, ethnically or otherwise objectionable to us in our sole discretion; or• contains software downloads that potentially enable diversions of commission from other

Affiliates in our Program.

Nothing in this Agreement shall become part of any employment contract, nor shall be construed

to be an offer of employment.

2. Affiliate Account

Affiliates will be given an account to log-in to the Affiliate Portal that is unique to you

(“Affiliate Account”). You may only have one active Affiliate Account at a time, unless

otherwise expressly permitted in writing by us. You agree that you will not share your Affiliate

Account log-in information (username and/or password) to any third party. You agree that you

will not let any third party use your Affiliate Account to access and/or use our Sites.

We expect you to accurately maintain and update any information about yourself that you have

provided to us. You agree that you are responsible for all activities under your Affiliate Account,

and for maintaining the confidentiality of your password and restricting access to your computer

so others may not access the Affiliate Portal in violation of this Agreement. In addition, you

agree to sign out from your Affiliate Account at the end of each session if you are using a device

that is shared with other people.

You agree to notify us of any unauthorized use of your Affiliate Account username, log-in ID,

password, or any other breach of security that you become aware of involving or relating to the

Sites by contacting us as soon as possible. We reserve the right to take any actions we deem

necessary or reasonable to maintain the security of our Sites and your Affiliate Account,

including, without limitation, terminating your Affiliate Account, changing your password or

requesting information to authorize transactions on your Affiliate Account. WE EXPLICITLY

DISCLAIM LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM

YOUR FAILURE TO COMPLY WITH THIS SECTION.

3. Authorized Use of our Sites

While using our Sites, you are required to comply with all applicable statutes, orders,

regulations, rules, and other laws. You may not use our Sites for any fraudulent or unlawful

purpose, and you may not take any action to interfere with the Sites or any other party’s use of a

Sites. And we expect you to respect the rights and dignity of others.

For example, you may not do any of the following without our consent:

• Post, upload, share, transmit, distribute, facilitate distribution of or otherwise make

available to or through our Sites any content that is unlawful, harmful, harassing,

defamatory, threatening, intimidating, fraudulent, tortious, vulgar, obscene, hateful,

pornographic, spam, discriminatory, violative of privacy or publicity rights,

infringing of intellectual property or other proprietary rights, or otherwise

objectionable in our sole discretion, including unauthorized or unsolicited advertising;

• Post to or transmit through the Sites any sensitive personally identifiable information

about yourself or third parties, such as social security, credit card, or bank accountnumbers, health, or medical information, or other information concerning personal

matters, unless specifically requested by us;

• Reproduce, duplicate, copy, publicly display, frame, mirror, sell, resell or otherwise

exploit for any commercial purposes, any portion of, use of, or access to the Sites;

• Impersonate any person or entity or falsely state or otherwise misrepresent your

affiliation with any person or entity in connection with the Sites, or express or imply

that we endorse any statement you make;

• Violate, or attempt to violate, the security of the Sites;

• Disseminate on the Sites any viruses, worms, spyware, adware, or other malicious

computer code, file, or program that is harmful or invasive or is intended to damage

or hijack the operation of, or monitor the use of, any hardware, software, or

equipment;

• Use scripts, macros or other automated means to impact the integrity of the Sites or

any bidding and/or coupons or discounts;

• Reverse engineer, disassemble, decompile, or otherwise attempt to derive the method

of operation of the Sites;

• Build a competitive product or service using the Sites, build a product or service

using similar features, functions, or graphics as the Sites or determine whether the

Sites are within the scope of any patent;

• Interfere in any manner with the operation or hosting of the Sites or monitor the

availability, performance, or functionality of the Sites;

• Use any data mining, bots, spiders, automated tools or similar data gathering and

extraction methods, directly or indirectly, on a Site or to collect any information from

the Sites or any other user of the Sites; or

• Assist or permit any persons in violating this Agreement or other applicable laws or

rules governing the use of the Sites.

4. Affiliate Sales and Commissions

a. Commission Structure

Affiliates will earn a flat rate commission of $5 per meter kit sold through the Affiliates’ unique

Affiliate referral link (“Affiliate Link(s)”), pursuant to this Agreement (any such sales, the

“Affiliate Sale(s),

” and any such commission earned, the “Eligible Commission”). Commissions

will not apply to those who have already purchased a Keto-Mojo meter prior to your referral.

You will earn commissions on all new customers who purchase Keto-Mojo meter kits using your

unique Affiliate Link.

The commission structure for our Affiliate Program is subject to change at our sole discretion.

We will notify all Affiliates 30 days prior to a commission structure change.

b. Payment Schedule

Payments will be made via PayPal. Affiliates are responsible for providing accurate payment

information and for any fees associated with receiving payments. Keto-Mojo is not responsible

for any delays or losses due to incorrect payment details.Eligible Commissions result from Affiliate Sales will be paid monthly 30 days after the prior

month’s conversions and will be subject to a minimum payout threshold of $50.00. PLEASE

NOTE THIS MEANS THAT YOU WILL NOT SEE YOUR FIRST PAYMENT UNTIL 2

MONTHS AFTER YOUR FIRST MONTH’S CONVERSIONS (THIS ACCOUNTS FOR ANY

REFUNDS IN THE 30-DAY REFUND TIMEFRAME). If eligible Commissions do not meet

the minimum payout threshold, the Eligible Commissions will roll over to the next payment

period. Commission payments will be paid within the first week of the month. Eligible

Commission will only be accounted for transactions that have been completed. Transactions that

result in chargebacks or refunds will not be paid out.

c. Taxes

As an Affiliate, you are responsible for any taxes applicable to your Eligible Commission

earnings. It is your responsibility to comply with all tax regulations and report your income

accurately. Keto-Mojo will not be responsible for any taxes that you owe arising out of your

relationship with Keto-Mojo as set forth in this Agreement. Keto-Mojo will not withhold any

taxes from the Eligible Commissions paid to you.

5. Affiliate Link and Tracking

For a product sale to be eligible to earn Commission, the customer must click-through a special

link from your website, email, or other communications to our Sites and purchase the product

within a specified number of days. When someone clicks through your referral Affiliate Link,

tracking data will be stored in the local storage of their browser and associated with your

Affiliate ID. When a purchase transaction completes, eligible commission will be attributed

using this tracking data or by the use of an assigned affiliate coupon code.

We will only pay eligible commissions on conversions that are automatically tracked and

reported by our system via properly formatted Affiliate Links or approved affiliate coupon codes.

We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly

aggressive or questionable sales or marketing methods.

6. Order Reversals and Program Suspension

Customers who purchase Keto-Mojo products through this Affiliate Program will be deemed to

be Keto-Mojo customers, subject to any terms, conditions, rules, and policies between those

customers and Keto-Mojo. Keto-Mojo reserves the right to reverse orders due to order

cancellations, duplicate tracking, returns, disputed charges, and Affiliate Program violations as

outlined in this Agreement.

Additionally, if we ask you for clarification or more information on any orders or clicks that we

suspect may violate our terms and policies. Upon receiving Keto-Mojo’s request for clarification

or more information, Affiliates must respond in a timely and honest manner. Any of the

following behavior will be considered a violation of this Agreement:

• You are not forthcoming, you are intentionally vague, or you are found to be lying.• You are not responsive within a reasonable time and after multiple attempts to make

contact using the information listed on your network profile.

• You cannot substantiate or validate the source of your Affiliate Link traffic to our

Affiliate Program with clear and demonstrable proof.

If any of the above apply, then we reserve the absolute right to suspend you from the Affiliate

Program, reverse orders, modify payouts, modify your commission rate, or immediately

terminate your participation in the Affiliate Program. We know that many violations are a result

of automated processes; however, it is incumbent upon each affiliate to ensure that it has the

appropriate checks and balances in place to address such issues proactively and to adhere to the

terms and policies of this Agreement.

7. Promotion Guidelines

a. Assets

The tools, products, and creative assets, including all names, logos, text, designs, graphics, trade

dress, characters, interfaces, code, software, images, sounds, videos, and photographs

(collectively “Assets”) that Keto-Mojo provides to you via the Affiliate Portal include valuable

information vital to the success of our Affiliate Program, including the tracking code that Keto-

Mojo uses to attribute referrals to you.

Keto-Mojo grants to you a non-exclusive, nontransferable license (“License”) to use Assets as

specified under the terms and policies of this Agreement. The term of the License shall expire

upon your departure from the Affiliate Program or termination of this Agreement.

You may only use the Keto-Mojo Assets under the following conditions:

• You agree that you will not corrupt, modify, or disable the tracking functionality in the

assets.

• You will not alter, add to, subtract from, or otherwise modify the Assets as Keto-Mojo

provides them unless you obtain prior written consent from Keto-Mojo.

• You may only use the Assets for the purpose of promoting Keto-Mojo and its products.

• Keto-Mojo retains all rights, ownership, and interest in the assets, and in any copyright,

trademark, or other intellectual property in the Assets. Nothing in this Agreement shall be

construed to grant you any rights, ownership, or interest in the Assets, or in the

underlying intellectual property, other than the License to use Assets as granted in this

Agreement.

• You will not make any claim to ownership of the Assets, or of the copyright, trademark,

or other intellectual property therein.

• You will not publish or otherwise distribute any other advertising materials that reference

Keto-Mojo unless Keto-Mojo gives prior written consent to the distribution of such

materials.

b. Social MediaKeto-Mojo permits you to promote offers on Facebook, Instagram, LinkedIn, YouTube, Twitter,

blogs, discussion forums, and other social media following these general guidelines:

• You ARE ALLOWED to post your Affiliate Links on your own social media.

• You ARE PROHIBITED from posting your Affiliate Links on the social media of Keto-

Mojo.

c. Advertising

The Keto-Mojo Affiliate Program is designed for people who promote to audiences interested in

using the Keto-Mojo meter as a tool to track their blood glucose and ketone data, and as such we

are not looking for anyone who is interested in “marketing” our products through paid

advertising. Any paid advertising of our Affiliate Program or your Affiliate Link would need to

be approved by Keto-Mojo first, in writing. Affiliates are strictly prohibited from engaging

further advertising activities, including to:

• Purchase keywords, domain names, advertising, search terms, ad words, or any other

identifiers that include the word “Keto-Mojo” the names of Keto-Mojo products or

services, or any variations or misspellings thereof.

• Bid on “Keto-Mojo blood ketone and glucose meter” and any keyword string that

includes this term, such as “Keto-Mojo meter” or “ketone meter” or “blood ketone

meter", etc.

• Purchase domain names based on “Keto-Mojo” or variations, such as

“ketomojometer.com” or “keto-mojo-ketone-meter, etc.

• Undertake any active SEO (search engine optimization) to your pages that contain your

special affiliate link for terms such as “Keto-Mojo”,“ketone meter”,“blood ketone meter.”

8. Disclosure Statement

You shall include a disclosure statement within all pages or posts where you use Affiliate Links

in an endorsement or review, and where it is not clear that the link is a paid advertisement. This

disclosure statement should be clear and concise, stating that Keto-Mojo is compensating you for

your review or endorsement.

9. Prohibited Claims

You shall not make claims that Keto-Mojo products or services are intended to diagnose, treat,

cure, or prevent any disease.

You shall not issue any press release with respect to this Agreement or your participation in the

Affiliate Program; such action may result in your termination from the Affiliate Program.

You shall not in any manner misrepresent or embellish the relationship between you and Keto-

Mojo, including without limit to statements that say you develop our products, say you are part

of any of our product sites, 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 byexpressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause).

You shall not make any claims or display prices for any Keto-Mojo products on your website.

Keto-Mojo reserves the exclusive rights to determine the prices to be charged for products sold

through the Affiliate Program. Product prices and availability may vary from time to time. Keto-

Mojo will use commercially reasonable efforts to present accurate pricing and availability

information, but we cannot guarantee the availability or price of any product.

10. Affiliate Responsibilities

You will be solely responsible for the development, operation, and maintenance of your website

and for all materials that appear on your website, including without limit to:

• The technical operation of your site and all related equipment

• Ensuring the display of special Links on your site does not violate any Agreement

between you and any third party (including, without limitation, any restrictions or

requirements placed on you by a third party that hosts your site)

• The accuracy, truth, and appropriateness of materials posted on your website

(including, among other things, all Product-related materials and any information you

include within or associated with Affiliate Links)

• Ensuring that materials posted on your website do not violate or infringe upon the

rights of any third party (including, for example, copyrights, trademarks, privacy, or

other personal or proprietary rights)

• Ensuring that materials posted on your website are not libelous or otherwise illegal

• Ensuring that your website accurately and adequately discloses, either through a

privacy policy or otherwise, how you collect, use, store, and disclose data collected

from visitors, including, where applicable, that third parties (including advertisers)

may serve content and/or advertisements and collect information directly from

visitors and may place or recognize cookies on visitors’ browsers.

11. Our Intellectual Property Rights

With the express exception of any Content that is clearly marked by Keto-Mojo as available for

redistribution and personal use, all names, logos, text, designs, graphics, trade dress, characters,

interfaces, code, software, images, sounds, videos, photographs and other content appearing in or

on the Sites (the “Content”) are protected intellectual property of, or used with permission or

under license by, Keto-Mojo. Such Content may be protected by copyright, trademark, patent or

other proprietary rights and laws. This includes the entire Content of the Sites, copyrighted and

protected as a collective work. All intellectual property rights associated with the Services, and

related goodwill, are proprietary to us or our licensors. You do not acquire any right, title or

interest in any Content by accessing or using the Services. Any rights not expressly granted

herein are reserved. Except as set forth below, the use of any Content available on a Site is

strictly prohibited.

As an Affiliate, you will have access to Keto-Mojo's intellectual property, including trademarks,

logos, and marketing materials. Subject to your compliance with this Agreement, we grant you a limited license to access and use the Services and their Content for the sole purpose of taking

part in the Affiliate Program. You may use these resources solely for the purpose of promoting

our products. No Content from the Services may be copied, reproduced, republished, performed,

displayed, downloaded, posted, transmitted, or distributed in any way without written permission

of Keto-Mojo and the rights owner.

You may not create or design your website or any other website that you operate, explicitly or

implied in a manner which resembles our website nor design your website in a manner which

leads customers to believe you are Keto-Mojo or any other affiliated business.

Keto-Mojo reserves the right, at any time, to review your placement and approve the use of your

Affiliate Links and require that you change the placement or use to comply with the guidelines

provided to you.

It is entirely your responsibility to follow all applicable intellectual property and other laws that

pertain to your website. You must have express permission to use any person's copyrighted

material, whether it be a writing, an image, or any other copyright-able work. Keto-Mojo will not

be responsible (and you will be solely responsible) if you use another person's copyrighted

material or other intellectual property in violation of the law or any third-party rights.

12. Relationship of Parties

This Agreement shall not be construed to create any employment relationship, agency

relationship, or partnership between you and Keto-Mojo. You will provide services for Keto-

Mojo as an independent contractor. You will have no authority to bind Keto-Mojo into any

Agreement, nor will you be considered an agent of Keto-Mojo in any respect.

You are an independent contractor, and nothing in this Agreement will create any partnership,

joint venture, agency, franchise, sales representative, or employment relationship between us.

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 website or otherwise, that reasonably would

contradict anything in this section.

13. Indemnification

You agree, to the fullest extent permitted by applicable law, to indemnify, defend and hold

harmless Keto-Mojo and our parent, subsidiaries, affiliates, partners, officers, directors, agents,

contractors, licensors, service providers, subcontractors, suppliers, interns 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 breach of this Agreement or the documents they

incorporate by reference, (b) your violation of any law or the rights of a third party; (c) your

activities in connection with our Services; or (d) the User Content or other information you

provide to us through the Services. Keto-Mojo reserves the right, at its own expense, to assume

the exclusive defense and control of any matter otherwise subject to indemnification by you, and

in such case, you agree to cooperate with Keto-Mojo defense of such claim.

14. Confidentiality Any confidential information, including but not limited to business strategies, customer

information, and sales data, disclosed to you as part of the Affiliate Program must be kept

confidential and not disclosed to any third parties.

Any information that you are exposed to by virtue of your relationship with Keto-Mojo under

this Agreement, which information is not available to the public, shall be confidential company

information. You may not disclose any confidential company information to any person or

entity, except where compelled by law, unless you obtain prior written consent for such

disclosure from Keto-Mojo.

15. Disclaimer of Warranties

ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES

INCLUDED IN OR AVAILABLE THROUGH THE SERVICES, SOLD THROUGH THE

AFFILIATE PROGRAM ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR

USE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PRODUCT IS

PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,

INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR

NONINFRINGEMENT, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE

OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. WE HEREBY

DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS OR IMPLIED. WE DO NOT

WARRANT THAT THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS

CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-

FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT

THE SERVICES WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR

INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR

THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY

MADE HEREIN. KETO-MOJO ALSO ASSUMES NO RESPONSIBILITY, AND SHALL

NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES OR OTHER HARMFUL

COMPONENTS THAT MAY INFECT OR HARM, YOUR COMPUTER EQUIPMENT OR

OTHER PROPERTY FROM YOUR ACCESS TO, USE OF, OR BROWSING THE

SERVICES OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES,

VIDEO, OR AUDIO FROM THE SERVICES. IF YOU ARE DISSATISFIED WITH THE

SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SERVICES.

WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, KETO-MOJO, ITS

AFFILIATED ORGANIZATION, AND ITS SUPPLIERS AND LICENSORS MAKE NO

WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES

ORDERED OR PROVIDED VIA THE SERVICES, AND HEREBY DISCLAIM, AND TO

THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY WAIVE, ANY AND

ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCTS OR SERVICES

LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE

ON THE SERVICES OR IN CORRESPONDENCE WITH KETO-MOJO OR ITS AGENTS.

ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE SERVICES AREPROVIDED BY KETO-MOJO “AS IS”, EXCEPT TO THE EXTENT, IF AT ALL,

OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY

ENTERED INTO IN WRITING BETWEEN YOU AND KETO-MOJO OR ITS LICENSORS

OR SUPPLIERS. TO THE EXTENT SOME JURISDICTIONS DO NOT PERMIT THE

EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO

YOU.

You agree that from time to time we may remove the Services for indefinite periods of time or

cancel the Affiliate Program at any time, without notice to you.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KETO-MOJO AND OUR

MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS,

AGENTS, AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT,

INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS

OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR

ANY LOSS OF OPPORTUNITY, DATA, USE, GOODWILL, OR OTHER INTANGIBLE

LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO

ACCESS OR USE THE SERVICES, (ii) YOUR PARTICIPATION IN OR INABILITY TO

PARTICIPATE IN THE AFFILIATE PROGRAM, (III) ANY LOSS, SUSPENSION, OR

INTERRUPTION OF SERVICE, (IV) TERMINATION OF THIS AGREEMENT, (V) USE OR

MISUSE OF THE ASSETS, OR (VI) OTHER PERFORMANCE OF SERVICES UNDER

THIS AGREEMENT.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF KETO-MOJO EXCEED THE

TOTAL AMOUNT OF COMMISSION PAID OR PAYABLE TO IN RELATION TO THE

USE OF THE SERVICES OR YOUR PARTICIPATION OF THE AFFILIATE PROGRAM, IF

ANY, IN THE PAST SIX MONTHS PRECEDING THE CLAIM. THESE LIMITATIONS

SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY,

CONTRACT, STATUTE, TORT, OR OTHERWISE, AND WHETHER OR NOT KETO-

MOJO HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE AND

EVEN IF A REMEDY FAILS ITS ESSENTIAL PURPOSE.

Nothing in this Agreement affects your statutory rights. IF YOU ARE A RESIDENT FROM

THE EU OR THE UK, THE EXCLUSION OF OR LIMITATIONS OF OUR LIABILITY OR

ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE

STATUTORY RIGHTS OF A CONSUMER MAY NOT APPLY TO YOU. For those Affiliates,

if Keto-Mojo fails to comply with this Agreement, Keto-Mojo is responsible for injuries to life or

health or for loss or damage you suffer as a result of Keto-Mojo’s intentional or gross negligent

breach of this Agreement or for loss or damage that is a foreseeable result of Keto-Mojo’s slight

negligence breach of this Agreement, but Keto-Mojo in such case shall not be responsible for

any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious

consequence of our breach, or it was contemplated by you or Keto-Mojo at the time we entered

into this Agreement.

17. Independent Investigation 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.

18. Dispute Resolution

PLEASE READ THIS SECTION 16 CAREFULLY BECAUSE IT MAY SIGNIFICANTLY

AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN

COURT. THIS SECTION 16 REQUIRES YOU TO AGREE TO RESOLVE ALL DISPUTES

BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION. THIS SECTION 16

DOES NOT APPLY TO YOU IF YOU ARE A RESIDENT OF THE EU.

“Disputes” means any dispute, action, controversy, or claim arising out of or relating to any

aspect of these Terms, whether based on contract, tort, statute, fraud, misrepresentation, or any

other legal or equitable basis and regardless of whether a claim arises during or after the

termination of these Terms.

a. Initial Dispute Resolution

We want to address your concerns without needing a formal legal case. Most concerns may be

quickly resolved in this manner. For any Dispute with the Keto-Mojo services, you agree to first

contact us by email at [email protected] or by mail at Keto-Check, Inc., 952 School

Street, Suite 212, Napa, California 94559, to attempt to resolve the Dispute with us informally

regarding any concerns you may have about your use of the Services. Your Notice of Dispute

must be individual to you and must include, as applicable, your name, your email address, and

your residential address. The Notice of Dispute also must explain the facts of the Dispute as you

understand them and tell us what you want us to do to resolve the issue. You agree to use best

efforts to settle any Dispute, claim, question, or disagreement directly through consultation and

good faith negotiations, and you agree that a Notice of Dispute containing all of the information

required above, followed by at least sixty (60) days of good faith negotiation, shall be a

precondition to either party initiating a lawsuit or arbitration. A Notice of Dispute will not be

valid unless it contains all of the information required by this paragraph. If you commence an

arbitration without having previously provided a valid and compliant Notice of Dispute, you and

we agree that the applicable arbitration provider (or the arbitrator, if one has been appointed)

must suspend the arbitration pending compliance with this paragraph. You and we authorize the

arbitration provider or the arbitrator to decide summarily whether the party that commenced an

arbitration complied with these notice requirements, relying solely on this Agreement and the

Notice of Dispute provided (if any). All statutes of limitation shall be tolled while the parties

engage in the informal Dispute resolution process required by this paragraph.

b. Agreement to Binding Arbitration In the unlikely event that we do not reach an agreed upon solution within a period of sixty (60)

days from the time initial Dispute resolution is pursued pursuant to Section 16(a) above, then

either you or we may initiate binding arbitration. Except for any Disputes excluded below in

Section 16(d), or in the event of a Mass Arbitration (as defined below) as described in Section

16(e), all claims arising out of or relating to these Terms (including their formation, performance

and breach), the parties’ relationship with each other and/or your use of the Services shall be

finally settled by binding arbitration administered on a confidential basis by JAMS, in

accordance with the JAMS Streamlined Arbitration Rules and Procedures, excluding any rules or

procedures governing or permitting class actions. Unless you and Keto-Mojo agree otherwise,

the arbitration will be conducted in the county where you reside; but the arbitration may be

conducted through, and the parties may attend via video conference, telephonic hearing, or

document submission.

Each party will have the right to use legal counsel in connection with arbitration at its own

expense. The parties shall select a single neutral arbitrator in accordance with the JAMS

Streamlined Arbitration Rules and Procedures. The arbitrator, and not any federal, state or local

court or agency, shall have exclusive authority to resolve all Disputes arising out of or relating to

the interpretation, applicability, enforceability or formation of these Terms, including, but not

limited to, any claim that all or any part of these Terms is void or voidable. The arbitrator shall

be empowered to grant whatever relief would be available in a court under law or in equity. The

arbitrator’s award shall be in writing and provide a statement of the essential findings and

conclusions, shall be binding on the parties and may be entered as a judgment in any court of

competent jurisdiction.

The interpretation and enforcement of these Terms shall be subject to the Federal Arbitration

Act. The JAMS rules governing the arbitration may be accessed at

https://www.jamsadr.com/adr-rules-procedures. If you initiate arbitration, to the extent the filing

fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250) and the claim is found

to be non-frivolous, we will pay the additional cost. If we are required to pay the additional cost

of the filing fees, you should submit a request for payment of fees to JAMS along with your form

for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to

JAMS. We will also be responsible for paying all other arbitration costs arising in connection

with the arbitration, other than costs incurred by you for legal counsel, travel and other out-of-

pocket costs and expenses not constituting fees or amounts payable to JAMS. Either party may

make a request that the arbitrator award attorneys’ fees and costs upon showing that the other

party has asserted a claim, cross-claim, defense, or procedural tactic that is groundless in fact or

law, brought in bad faith, for the purpose of harassment, or is otherwise frivolous, as allowed by

applicable law and the JAMS Rules. We will also pay JAMS to reimburse you for any portion of

the $250 filing fee that is more than what you would otherwise have to pay to file suit in a court

of law. You understand that, absent this mandatory provision, you would have the right to sue in

court and have a jury trial. You further understand that the right to discovery may be more

limited in arbitration than in court.

If you are not located in, are not based in, do not have offices in, and do not do business in the

United States, any arbitration between you and Keto-Mojo will be finally settled under the Rules

of Arbitration of the International Chamber of Commerce (“ICC Rules”) by one or morearbitrators appointed in accordance with the ICC Rules and will be administered by the

International Court of Arbitration of the International Chamber of Commerce.

c. Class Action and Class Arbitration Waiver

You and Keto-Mojo each further agree that any arbitration shall be conducted in our respective

individual capacities only and not as a class action, and you and we each expressly waive our

respective right to file a class action or seek relief on a class basis. If any court or arbitrator

determines that the class action waiver set forth in this paragraph is void or unenforceable for

any reason or that an arbitration can proceed on a class basis, then the arbitration provision set

forth above in Section 16(b) shall be deemed null and void in its entirety and the parties shall be

deemed to have not agreed to arbitrate Disputes. If there is a final determination that applicable

law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of

action or requested remedy, then that claim, cause of action or requested remedy will be severed

and may be brought in a court of competent jurisdiction, but the waiver contained in this

paragraph shall be enforced in arbitration on an individual basis as to all other claims, causes of

action or requested remedies to the fullest extent possible. In the event that a claim, cause of

action or requested remedy is severed pursuant to this paragraph, then you and we agree that the

claims, causes of action or requested remedies that are not subject to arbitration will be stayed

until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.

If a court or arbitrator decides that any part of this Agreement to Binding Arbitration cannot be

enforced as to a particular request for public injunctive relief, then that request for public

injunctive relief (and only that request for public injunctive relief) must be brought in court and

must be stayed pending arbitration of the arbitrable remedies.

d. Exceptions

Notwithstanding the parties’ agreement to resolve all Disputes through arbitration, either party

may seek relief (i) in a small claims court for Disputes or claims within the scope of that court’s

jurisdiction, and (ii) any Disputes relating to intellectual property rights, obligations, or any

infringement claims.

e. Exception—Mass Arbitration Before NAM

Notwithstanding the parties’ decision to have arbitrations administered by JAMS, in the event 25

or more demands for arbitration are filed relating to the same or similar subject matter and

sharing common issues of law or fact, and counsel for the parties submitting the demands are the

same or coordinated, you and we agree that the demands will constitute a “Mass Arbitration.” If

a Mass Arbitration is commenced, you and we agree that it shall not be governed by the JAMS

Rules or administered by JAMS. Instead, a Mass Arbitration shall be administered by National

Arbitration & Mediation (“NAM”), a nationally recognized arbitration provider, and governed

by the NAM rules in effect when the Mass Arbitration is filed as modified by this Agreement,

including the NAM Mass Filing Supplemental Dispute Resolution Rules, but excluding any rules

that permit arbitration on a class-wide basis (collectively, the “NAM Rules”). The NAM Rules

are available at www.namadr.com or by calling 1-800-358-2550. Notwithstanding anything to

the contrary above, you and we agree that if either party fails or refuses to commence the Mass

Arbitration before NAM, you or we may seek an order from a court of competent jurisdictioncompelling compliance with this agreement and compelling administration of the Mass

Arbitration before NAM. Pending resolution of any such requests to a court, you and we agree

that all arbitrations comprising the Mass Arbitration (and any obligation to pay arbitration fees)

shall be stayed. You and we acknowledge that either party’s failure to comply with this

paragraph would irreparably harm the other, and you and we agree that a court may issue an

order staying the arbitrations (and any obligation to pay arbitration fees) until any disagreements

over the provisions of this paragraph are resolved by the court.

f. 30-Day Right to Opt-Out

You have the right to opt-out and not be bound by the arbitration and class action waiver

provisions set forth in Sections 16(b) and 16(c) by sending written notice of your decision to opt-

out by emailing us at [email protected] notice must be sent within thirty (30) days of

your first use of the Services, or the effective date of the first set of Terms containing an

Arbitration and Class Action and Class Arbitration Waiver section otherwise you shall be bound

to arbitrate Disputes in accordance with the terms of those sections. If you opt-out of these

arbitration provisions, we also will not be bound by them.

g. Term for Cause of Action

You agree that regardless of any statute or law to the contrary, any claim or cause of action

arising out of or related to the use of the Services or these Terms must be filed within one (1)

year after such claim or cause of action arose or be forever barred.

h. Exclusive Venue for Litigation

To the extent that the arbitration provisions set forth in Section 16(b) do not apply or if you have

opted out of arbitration, you agree that any litigation shall be filed exclusively in state or federal

courts located in Napa County, California (except for small claims court actions which may be

brought in the county where you reside). In the event of litigation relating to these Terms or the

Services, you agree to waive, to the maximum extent permitted by law, any right to a jury trial,

except where a jury trial waiver is not permissible under applicable law. Further, if you are not a

resident of the United States, you and Keto-Mojo agree to resolve all Disputes exclusively in a

Court of Competent Jurisdiction.

i. Governing Law and Rules

These Terms and the rights of the parties hereunder shall be governed by and construed in

accordance with the laws of the State of California, exclusive of conflict or choice of law rules.

The parties acknowledge that these Terms evidence a transaction involving interstate commerce.

Notwithstanding the provision in the preceding paragraph with respect to applicable substantive

law, any arbitration conducted pursuant to these Terms shall be governed by the Federal

Arbitration Act (9 U.S.C., Secs. 1-16). In any arbitration arising out of or related to these Terms,

the arbitrator is not empowered to award punitive or exemplary damages, except where permitted

by statute, and the parties waive any right to recover any such damages. In any arbitration arising

out of or related to these Terms, the arbitrator may not award any incidental, indirect or

consequential damages, including damages for lost profits. The parties adopt and agree to

implement the JAMS Optional Arbitration Appeal Procedure (as it exists on the effective date ofthese Terms) with respect to any final award in an arbitration arising out of or related to these

Terms.

j. Arbitration Agreement Survival

This Arbitration Agreement will survive the termination of your relationship with Keto-Mojo,

including any revocation of consent or other action by you to end your participation in the

Service or any communication with Keto-Mojo.

19. Term and Termination

This Agreement is in effect until your Affiliate Program, Affiliate Account and/or status in the

Affiliate Program is terminated by either you or us. The provisions of this Agreement concerning

protection of intellectual property rights, authorized use, disclaimers, limitations of liability,

indemnity, and disputes, as well as any other provisions that by their nature should survive, shall

survive any such termination.

Termination by Us: Your Affiliate Program Application, Affiliate Account, and/or status in the

Affiliate Program may be suspended or terminated for any of the following reasons:

● Inappropriate advertisements (false claims, misleading hyperlinks, etc.).

● Spamming (mass email, mass newsgroup posting, etc.).

● Advertising on sites containing or promoting illegal activities.

● Failure to disclose the affiliate relationship for any promotion that qualifies as an

endorsement under existing Federal Trade Commission guidelines and regulations, or

any applicable state laws.

● Violation of our or any third party's intellectual property rights.

● Offering rebates, coupons, or other form of promised kick-backs from your Affiliate

Commission as an incentive.

● Uploading or sharing any Prohibited Content.

● Using our Services in an unauthorized manner.

● Self-referrals, fraudulent transactions, suspected Affiliate fraud.

In addition to the foregoing, Keto-Mojo reserves the right to terminate any Affiliate Account or

Affiliate Program at any time, for any violations of this Agreement or no reason whatsoever. We

may terminate your Affiliate Program Application, Affiliate Account, and/or status in the

Affiliate Program by notifying you using any contact information we have about you or by

posting such termination on our Services, including in your Affiliate Account area. In addition to

any right or remedy that may be available to us under applicable law, we may suspend, limit, or

terminate all or a portion of your access to our Services or any of its features at any time with or

without notice and with or without cause, including without limitation, if we believe that you

have violated or acted inconsistently with the letter or spirit of this Agreement.

Such termination of the Service will result in the deactivation or deletion of your Affiliate

Account or your access to your Affiliate Account, and the forfeiture and relinquishment of all

potential or to-be-paid commissions if they were earned through fraudulent, illegal, or overly

aggressive, questionable sales or marketing methods.Termination by You: You may stop using the Services and/or terminate your Affiliate Account at any time. You may delete your Affiliate Account on our Affiliate Portal through the features, or notifying us at [email protected].

Post Termination: Upon any such termination by us or you, (i) you must destroy all Content

access to the Services; (iii) we may delete or disable access to any of your Affiliate Content at

any time; (iv) and we may delete your Affiliate Account at any time. Termination of this

Agreement will end any future Affiliate Commissions you may have otherwise accrued below

$100. You agree that if your use of the Services is terminated pursuant to this Agreement, you

will not attempt to use our Services under any name, real or assumed, and further agree that if

you violate this restriction after being terminated, you will indemnify and hold us harmless from

any and all liability that we may incur therefore. Your use of the Services after termination will

be a violation of this Section, which survives any termination.

20. Amendments or Modification

Keto-Mojo may modify any of the terms and conditions contained in this Agreement for any

reason at any time. Such modifications shall take effect when posted on our site or when

communicated to you via email. Keto-Mojo reserves the right to notify you by email.

Modifications may include but are not limited to changes in the scope of available commissions,

commission amounts/percentages, discount code changes, payment procedures, commission fee

payment schedules, and affiliate Program rules. If any modification is unacceptable to you, your

only recourse is to terminate this Agreement. Your continued participation in the affiliate

Program following our communication of a modification to this Agreement will constitute

binding acceptance of the change. Notwithstanding the foregoing, if you are a resident of the EU,

the revised Terms shall not become binding upon you before you have consent thereto.

21. Notice to California and New Jersey Residents

a. California Residents

Under California Civil Code Section 1789.3, California residents are entitled to the following

specific consumer rights information: The provider of the Services is Keto-Check, Inc., 952

School Street, Suite 212, Napa, California 94559. To file a complaint regarding the Services or

to receive further information regarding use of the Services, please send a letter to the above

address or contact us via e-mail at [email protected] with “California Resident Request”

as the Subject Line. You may also contact the Complaint Assistance Unit of the Division of

Consumer Services of the Department of Consumer Affairs in writing at 400 R Street, Suite

1080, Sacramento, California 95814, or by telephone at 916.445.1254 or 800.952.5210.

b. New Jersey Residents

If you are a consumer residing in New Jersey, solely to the extent that your rights as a consumer

residing in New Jersey render them unenforceable under New Jersey law, the following sections

of this Terms do not apply to you and do not limit any rights that you may have: (a) Disclaimer

of Warranties; (b) Limitation of Liability; (c) Dispute Resolution, and (d) Indemnification.

22. Miscellaneous

a. No Waiver

Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a

waiver of such right or provision.

b. Severability

If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the

parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions

as reflected in the provision, and the other provisions of this Agreement remain in full force and

effect.

c. Assignment

This Agreement, and any rights and licenses granted hereunder, may not be transferred or

assigned by you, but may be assigned by Keto-Mojo without restriction.

d. Entire Agreement

This Agreement reflect the entire agreement between the parties related to the subject matter

hereof and supersede all prior agreements, representations, statements, and understandings of the

parties.

e. No Third-Party Beneficiaries

This Agreement does not confer any third-party beneficiary rights, except as expressly outlined

in this Agreement.

f. Force Majeure

Neither Keto-Mojo nor you will be liable due to any failure or delay in the performance of its

obligations on account of events beyond the reasonable control of a party, which may include,

but are not limited to: denial-of-service attacks, a failure by a third-party hosting provider or

utility provider, strikes, shortages, riots, fires, acts of God, war, terrorism, embargoes, and

governmental action.

g. Notices and Consent to Electronic Communications

When you visit our Services or send emails to us, you are communicating with us electronically.

You consent to receive communications from us electronically. We will communicate with you

by email or by posting notices on our Services. You agree that all agreements, notices,

disclosures and other communications that we provide to you electronically satisfy any legal

requirement that such communications be in writing. You may withdraw your consent to receive

communications electronically by writing to us at “Attn: Electronic Communications Delivery

Policy, [email protected].

” If you fail to provide or if you withdraw your consent to

receive communications electronically, Keto-Mojo reserves the right to either deny your

application for an Affiliate Account, restrict or deactivate your Affiliate Account, close your

Affiliate Account, or charge you additional fees for paper copies.

h. Governing Law for Customers from the EU

If you are a resident of the EU, this Agreement and the rights of the parties hereunder shall be

governed by and construed in accordance with the laws of the State of California, exclusive of

conflict or choice of law rules, whereas the foregoing shall not affect your mandatory statutory

rights applicable in the country in which you are located, or your right to take action to enforce

those rights.

23. Contact Information

For any questions or further information, please contact the Keto-Mojo Affiliate Team at [email protected].