Affiliate Marketing Agreement

Last updated: December 21, 2024

Please read this Affiliate Marketing Agreement carefully before enrolling in our Affiliate Marketing Program.

This Affiliate Marketing Agreement ("Agreement") is a binding agreement, entered into by and between Eating Love (hereinafter referred to as "Advertiser"), and ClickBank affiliate publishers (hereinafter referred to as "Affiliate"). The Advertiser and Affiliate may be referred to collectively as the "Parties" or individually as a "Party."

1. Purpose

The purpose of this Agreement is to define the terms under which the Affiliate will promote Eating Love's products through the Affiliate's marketing efforts in exchange for a commission as detailed below.

2. Enrollment

To participate as an Affiliate, the individual or entity must create an Eating Love affiliate account. The Affiliate must also register an additional affiliate account through the ClickBank platform and also accept this Agreement's terms. The Advertiser reserves the right to approve or deny any Affiliate application at its sole discretion. Creation of an Eating Love affiliate account and use of the Eating Love Affiliate platform constitutes acceptance of this Agreement.

3. Affiliate Obligations

The Affiliate agrees to:

3.1. Promote Eating Love's products in compliance with applicable laws and this Agreement.

3.2. Use only approved marketing materials and adhere to all Advertiser guidelines concerning the use of trademarks, logos, and other intellectual property.

3.3. Avoid misleading, false, or deceptive advertising practices, including spamming, unauthorized emails, or other non-compliant activities.

3.4. Clearly disclose the Affiliate relationship as required by the Federal Trade Commission (FTC) or other relevant authorities.

3.5. Adhere to ClickBank's terms and policies, including but not limited to those related to promotional practices, product representation, and payout eligibility.

4. Advertiser Obligations

The Advertiser agrees to:

4.1. Provide the Affiliate with necessary marketing materials and accurate product descriptions.

4.2. Track customer referrals from the Affiliate through ClickBank's tracking system.

4.3. Pay commissions to the Affiliate in accordance with this Agreement.

5. Commission Structure

5.1. The Affiliate will earn 25% of the net sales generated through valid referrals from the Affiliate's unique tracking links.

5.2. Sales percentage payments will be made through ClickBank's payment system, subject to the platform's payment schedule, terms and policies.

5.3. The Affiliate will also earn incremental Performance Bonus subject to eligibility. Performance Bonuses will be based on qualified paid simultaneous Active Eating Love Membership thresholds. Affiliate will only be eligible to receive bonuses when membership registration and payment are attributable to Affiliate's unique tracking links, and when these paid Eating Love Members have remained Active for the eligibility period specified in the published Performance Bonus Structure. Performance Bonus amounts are variable, and subject to change with 30 days notice by publishing a new Performance Bonus Structure to the Eating Love Affiliate website.

5.4. Performance Bonus payments will be paid through Eating Love's payment provider, subject to the terms and policies of this agreement, as well as payment provider's terms and policies. Affiliate agrees transaction fees charged by payment provider will be deducted from the commission payout. Total bonus commission received by Affiliate will be equal to eligible amount earned, minus associated payment transaction fees.

5.5. Commissions will not be paid for: - Fraudulent transactions. - Canceled orders nor chargebacks.

5.6. In the event of a dispute regarding commissions, the Affiliate must provide a written notice detailing the basis of the dispute within 30 days of the disputed payment date. The Advertiser will review the claim and respond within 30 days of receipt of the notice. The Advertiser's determination regarding the dispute shall be final and binding.

6. Prohibited Activities

The Affiliate shall not:

6.1. Engage in keyword bidding on Eating Love's trademarks or variations thereof.

6.2. Promote products using unauthorized coupon codes or discounts.

6.3. Place ads on adult, violent, or illegal content websites.

7. Intellectual Property

All intellectual property, including but not limited to trademarks, trade names, and marketing materials, provided by the Advertiser remain the exclusive property of the Advertiser. The Affiliate is granted a non-exclusive, revocable license to use such materials solely for purposes of fulfilling their obligations under this Agreement.

8. Term and Termination

8.1. This Agreement will remain in effect until terminated by either Party.

8.2. Either Party may terminate this Agreement at any time with or without cause by providing written notice to the other Party.

8.3. Upon termination, the Affiliate shall immediately cease the use of all Advertiser intellectual property and remove all links and references to Eating Love's products.

9. Confidentiality

The Affiliate agrees to keep confidential all information relating to the Advertiser's business, including but not limited to sales data, customer information, and marketing strategies, and shall not use such information for any purpose other than performing its obligations under this Agreement.

10. Limitation of Liability

The Advertiser shall not be liable for any indirect, incidental, or consequential damages arising under this Agreement. The Affiliate agrees to indemnify and hold harmless the Advertiser from any claims arising from the Affiliate's activities.

11. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles.

12. Dispute Resolution

Any disputes arising from or relating to this Agreement shall be resolved through binding arbitration in Hillsborough County, Florida, in accordance with the rules of the American Arbitration Association.

13. ClickBank Bonus Disclaimer

This bonus offer has been created by the applicable Seller and not by ClickBank. Accordingly, ClickBank is not responsible for any information contained in this bonus offer, including, but not limited to, any product information, promotions, incentives, expected returns or other information contained herein. In addition, ClickBank is not responsible for any links to third party websites in conjunction with this offer. Such links do not imply any endorsement by ClickBank of such websites or the content, products or services available from such websites. By clicking on or accessing a third party website listed, you acknowledge sole responsibility for and assume all risk arising from your use of any such websites.

14. Entire Agreement

This Agreement constitutes the entire agreement between the Parties concerning its subject matter and supersedes all prior agreements, understandings, and representations.

Contact Us

If you have any questions about this Affiliate Marketing Agreement, you can contact us: