Referral fees/commissions and payment (If you are in a Non-Commission Program Skip this section)
For a product sale to be eligible to earn a referral fee, the customer must click-through a special Llnk from your site, email, or other communications to a Product Site and purchase the product within a specified number of days. When someone clicks through a special link, a cookie will be set in their browser with your affiliate ID and their IP address may also be logged with your affiliate ID. When a purchase is made, the commission will be given based on the existence of the cookie.
The commission structure is subject to change at our discretion. We will notify all Affiliates 30 days prior to a commission reduction change. Commissions earned under the previous structure will be paid under the previous structure. Commissions under the new structure will be paid under the new structure.
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 signed up 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.
We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.
Reversals (If you are in a Non-Commission Program Skip this section)
Keto-Check, Inc. reserves the right to reverse orders due to order cancellations, duplicate tracking, returns, disputed charges, and program violations as outlined in these terms and policies.
Additionally, if we ask you for clarification or more information on any orders or clicks that we suspect may be in violation of our terms and policies, we expect that you will respond in a timely and honest manner. Below are violations of our communications policy.
⦁ You are not forthcoming, you are intentionally vague, or you are found to be lying.
⦁ You are not responsive within a reasonable time period and after multiple attempts to make contact using the information listed on your network profile.
⦁ You cannot substantiate or validate the source of your traffic to our program with clear and demonstrable proof.
If any of the above apply, then we reserve the absolute right to suspend you from the program, reverse orders, modify payouts, set your commission to 0%, or immediately terminate your participation in the 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.
Identifying yourself as a Keto-Mojo Ambassador
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 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 by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause).
Payment schedule (If you are in a Non-Commission Program Skip this section)
As long as your current affiliate earnings are over $50, you'll be paid roughly every 30 days. We will usually pay you in the first week of each month. If you haven't earned $50 since your last payment, we'll pay you roughly 30 days after you've crossed the threshold.
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:
• 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 site (including, among other things, all Product-related materials and any information you include within or associate with Special Links)
• Ensuring that materials posted on your site 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 site are not libelous or otherwise illegal
We may reject your application at our sole discretion. We may cancel your application if we determine that your site 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.
⦁ Contains software downloads that potentially enable diversions of commission from other affiliates in our program.
⦁ 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-Check, Inc. reserves the right, at any time, to review your placement and approve the use of Your 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 site. 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. We 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.
The tools, products, and creative assets (collectively “Assets”) that Keto-Check, Inc. provides to you include valuable information vital to the success of the Program, including a tracking code that Keto-Check, Inc. uses to attribute referrals to you.
Keto-Check, Inc. 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 program or termination of this agreement.
You will use the Keto-Check, Inc. assets as listed below:
⦁ 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-Check, Inc. provides them unless you obtain prior written consent from Keto-Check, Inc.
⦁ You may only use the Assets for the purpose of promoting Keto-Check, Inc. and its products.
⦁ Keto-Check, Inc. 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-Check, Inc. unless Keto-Check, Inc. gives prior written consent to the distribution of such materials.
Keto-Check, Inc. permits you to promote offers on Facebook, Twitter, blogs, discussion forums, and other social media following these general guidelines:
⦁ 1) You ARE ALLOWED to post your affiliate links on your own social media.
⦁ 2) You ARE PROHIBITED from posting your affiliate links on the social media of Keto-Check, Inc.
The Keto-Mojo Ambassador program is designed for people who already have groups of ketonians who would be interested in using the Keto-Mojo meter to help with their ketogenic quest, and as such we are not looking for anyone who is interested in "marketing" our products through paid advertising. We are not completely opposed to this, but ANY paid advertising of our ambassador program or your special link would need to be approved by us first, in writing.
That said, if you have any ideas that you'd like to try, contact us, we're happy to explore with you.
Below are some more specifics on advertising. You shall not
⦁ Purchase keywords, domain names, advertising, search terms, adwords, 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"...you get the idea. :)
Existing Keto-Mojo customers
No commissions will be paid on existing Keto-Mojo meter customers. But you will get paid on customers who purchase meters through your special link and their future strip purchases for as long as this agreement is in place.
This Agreement shall not be construed to create any employment relationship, agency relationship, or partnership between you and Keto-Check, Inc. You will provide services for Keto-Check, Inc. as an independent contractor. You will have no authority to bind Keto-Check, Inc. into any agreement, nor will you be considered an agent of Keto-Check, Inc. in any respect.
Keto-Check, Inc. will not be responsible for any taxes that you owe arising out of your relationship with Keto-Check, Inc. as set forth in this Agreement. Keto-Check, Inc. will not withhold any taxes from the commissions paid to you.
You shall include a disclosure statement within any and 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-Check, Inc. is compensating you for your review or endorsement.
You shall not make claims that Keto-Mojo products or services are intended to diagnose, treat, cure, or prevent any disease.
You represent and warrant the following:
⦁ 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:
1. Unlawful or solicitous of behavior that is unlawful in the United States;
2. 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-Check, Inc. You are not an employee, agent, or partner with any person or company that competes with Keto-Check, Inc.
You will indemnify and hold harmless Keto-Check, Inc. from any claim, damage, lawsuit, action, complaint, or other costs arising out of any breach of your warranties set forth above. You will also indemnify and hold harmless Keto-Check, Inc. for any damage, loss, or other cost arising out of your use or misuse of the Assets.
Any information that you are exposed to by virtue of your relationship with Keto-Check, Inc. under these terms and policies, which information is not available to the general public, shall be considered to 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-Check, Inc.
Keto-Check, Inc. will not be liable for any loss of profits or costs, or for any direct, indirect, special, incidental, or consequential damages, including costs associated with the procurement of substitute goods or services (whether Keto-Check, Inc. was or should have been aware or advised of the possibility of such damage), arising out of or associated with any loss, suspension, or interruption of service, termination of this Agreement, use or misuse of the Assets, or other performance of services under this Agreement.
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 any product site, and all of our trademarks, graphics, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the program.
Keto-Check, Inc. reserves the right to end the Program at any time. Upon program termination, Keto-Check, Inc. will pay any outstanding earnings accrued above $100.
Keto-Check, Inc., in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the ambassador program, 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.
Keto-Check, Inc. 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-Check, Inc. 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, payment procedures, commission fee payment schedules, and ambassador program rules. If any modification is unacceptable to you, your only recourse is to terminate this agreement. Your continued participation in the ambassador program following our communication of a modification to these terms will constitute binding acceptance of the change.
Relationship of Parties
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 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 Product Sites 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.
This Agreement will be governed by the laws of the United States of America and the State of California, 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.