Terms and Conditions

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This agreement describes the terms and conditions to be part of the COUCH to ACTIVE affiliate program for the September 30-Day Challenge. In this agreement, the term "Affiliate" refers to you (the applicant). In this agreement, “COUCH to ACTIVE” refers to the party with whom you are entering this agreement. By applying to the COUCH to ACTIVE September 30-Day Challenge affiliate program you are confirming that you have read the agreement and agree to the terms and conditions.

 

1.      Enrollment in the Affiliate Program

You must submit an Affiliate Program application from our website. You must accurately complete the application to become an affiliate (and provide us with future updates) and not use any aliases or other means to mask your true identity or contact information. After we review your application, we will notify you of your acceptance or rejection to the Affiliate Program, generally within five (5) business days. We may accept or reject your application at our sole discretion for any reason.

 

2.      Commissions

For a sale to generate a commission to an Affiliate, the customer must complete the order form and remit full payment for the product(s). Commissions will only be paid on sales that are made when the customer uses the provided coupon code provided to the Affiliate. Correct coupon codes are the sole responsibility of the affiliate.

 

3.      Payment

Commissions will be held until October 6th and paid at $5.00 per paid customer using the affiliate’s coupon code. We reserve the right to charge back to your account any previously paid Qualified Actions that are later determined to have not met the requirements to be a Qualified Action.

In the event that Affiliate disputes in good faith any portion of a commission, Affiliate must submit that dispute to COUCH to ACTIVE in writing and in sufficient detail within fifteen (15) days of the date on the commission. If Affiliate does not dispute the commission as set forth herein, then Affiliate agrees that it irrevocably waives any claims based upon that invoice.

 

4.      Refunds

In the event a customer requests a refund for a transaction for which the Affiliate has earned commissions, any commissions earned on the refund amount will be deducted from the Affiliate’s balance.

 

5.      Usage and Obligations

Affiliates are permitted to use the COUCH to ACTIVE brand and marketing resources provided, once the affiliate has been approved. Logos and other assets cannot be modified. The Affiliate does not gain any trademark, copyright or any other rights to these materials.

The Affiliate will never represent themselves, COUCH to ACTIVE or their relationship with COUCH to ACTIVE in a false, fraudulent, or misleading way.

Make sure to not place COUCH to ACTIVE ads on any online auction platform (i.e. eBay, Amazon, etc).

The Affiliate will not engage in the distribution of an unsolicited bulk email (spam) mentioning or referencing COUCH to ACTIVE.

 

6.      Term and Termination

Either party has the right to terminate the agreement immediately without prior notice.

If the Affiliate terminates the agreement, no further commissions from COUCH to ACTIVE will be paid for any future customer transactions.

If COUCH to ACTIVE terminates with cause because affiliate does not follow usage and obligations terms, all balances will be lost.

 

7.      Confidentiality

Except as otherwise provided in this Agreement or with the consent of COUCH to ACTIVE, you agree that all information, including, without limitation, the terms of this Agreement, business and financial information, customer and vendor lists, and pricing and sales information, concerning us or any of our affiliates provided by or on behalf of any of them shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by you for any purpose other than your participation in the Affiliate Program, except and solely to the extent that any such information is generally known or available to the public through a source other than you. Affiliate shall not use any information obtained from the Affiliate Program to develop, enhance or operate a service that competes with the Affiliate Program, or assist another party to do the same.

 

8.      Governing Law

This Agreement shall be governed, construed, and enforced in accordance with the laws of the State of Washington, without regard to its conflict of laws rules.

 

9.      Arbitration

All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the State of Washington. An award of arbitration may be confirmed in a court of competent jurisdiction.

 

10.   Modification

We may modify any of the terms and conditions within this Agreement at any time and at our sole discretion. These modifications may include, but not limited to changes in the scope of available commissions, commission schedules, payment procedures and Affiliate Program rules.