Affiliate Agreement

This is a must read... DO NOT skip this affiliate agreement, earnings disclaimer and Anti-SPAM policy. Doing so, could put the future of your profitable affiliate business at risk.

If you break the rules your Clickbank account will be SHUT DOWN and you may forfeit your earnings!

On the up side, playing by the rules is easy... so read every word of this agreement so you know the rules.

This agreement describes the terms and conditions for participation in the Optimum Fitness Network Affiliate Program. In this agreement, the term "Affiliate" refers to you (the applicant). In this agreement, "vendor" refers to the product owner and publisher, Eddie Lomax and Optimum Fitness Network LLC, (A Delaware Limited Liability corporation).

The Optimum Fitness Network Affiliate Program is administered entirely through a 3rd party affiliate management company called Clickbank (www.clickbank.com).

To enroll in the affiliate program, if they have not done so already, all affiliates must sign up on the Clickbank website. The Optimum Fitness Network Affiliate Program is governed by all rules, regulations, terms and conditions dictated by Clickbank’s “client contract”

An affiliate account can be created by filling out and submitting the Clickbank affiliate sign up form here:

On that page, each new affiliate will be asked to choose a Clickbank account name (also called a clickbank affiliate “nickname”), consisting of 5 – 10 letters and digits). This Clickbank nickname will be used in the affiliate hoplink. When a prospective customer clicks on an affiliate's hoplink the destination website will be the corresponding Optimum Fitness Network website.

Affiliates will receive 51% of the revenue as a commission from orders placed through properly coded Affiliate links (unless noted otherwise for a particular product), less the charges outlined in the Clickbank accounting policy page.

Commissions may change at the discretion of the product publisher, Optimum Fitness Network. Commissions may increase during limited time special promotions, but they will return thereafter to the regular 51% commission rate.

For a sale to generate a commission to an Affiliate, the customer must complete the order form and remit full payment for the product ordered through the Clickbank secure order system. Word of mouth referrals will not result in an affiliate commission being generated. Commissions will only be paid on sales that are made when the customer clicks through qualified, correctly structured Affiliate links. Properly coded links are the sole responsibility of the affiliate.

Clickbank will send a check for the applicable commissions within the framework of their payment policies: www.clickbank.com/paychecks.html. If any order that generated an affiliate commission is returned by the customer, or if there are any returned checks or charge backs, the amount will be deducted by Clickbank from the next payment due to the affiliate.

Optimum Fitness Network (via clickbank) will be solely responsible for processing every e-book order placed by a customer on the Affiliate Site. Affiliates are not authorized to collect payments or sell any Optimum Fitness Network products from other websites as a "reseller" and no "resale" rights are granted in ANY way. Affiliates are not authorized to sell any of these products on Ebay or other auction sites. Affiliates are not authorized to give away copies of any of these products. Optimum Fitness Network will also be solely responsible for all customer service inquires. All affiliates understand and acknowledge that no physical products will be shipped. All products are in electronic format (PDF, MP3, etc.), only available through download.

Customers who purchase products and services through the Affiliate Program will be deemed to be customers of Optimum Fitness Network. Accordingly, all rules, policies, and operating procedures concerning customer orders and service will apply to those customers. We may change our policies and operating procedures at any time. Prices and availability of our products and services may vary from time to time. Optimum Fitness Network policies will always determine the price paid by the customer.

Clickbank and the Optimum Fitness Network reserve the right to refuse any site entry into the Affiliate Program based on site content. Sites that do not qualify for the Affiliate Program include sites which:

- Promote sexually explicit materials
- Promote violence
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
- Promote illegal activities
- Infringe or otherwise violate any copyright, trademark, or other intellectual property rights.

Any earnings or income statements, or earnings or income examples mentioned on this website or in emails sent on behalf of the Optimum Fitness Network are only estimates of what we think you could earn or based on what other affiliates have actually earned. There is no assurance you will do as well. If you rely upon any sales figures we provide, you must accept the risk of not doing as well.

Where specific income figures are used, and attributed to an individual or business, those persons or business have earned that amount. There is no assurance you will earn the same amount. If you rely upon any figures we provide, you must accept the risk of not doing as well.

Any and all claims or representations as to the income earnings of affiliates from this website, are not to be considered as average earnings. There can be no assurance that any prior successes, or past results, as to the income earnings, can be used as an indication of your future success or results.

Monetary and income results are based on many factors. We have no way of knowing how well you will do, as we do not know you, your background, your work ethic, or your business skills or business practices. Therefore, we do not guarantee or imply that you will get rich, that you will do as well, or make any money at all. There is no assurance you will do as well. If you rely upon our figures, you must accept the risk of not doing as well.

Internet businesses and earnings derived wherefrom, have unknown risks involved and are not suitable for everyone. Making decisions based on any information presented in our products, services, or website, should be done only with the knowledge that you could experience losses, or make no money at all.

All products, information and services by our company are for educational and informational purposes only. Use caution and seek the advice of qualified professionals. Check with your accountant, lawyer or professional advisor, before acting on this or any information.

Users of our products, services and website are advised to do their own due diligence when it comes to making business decisions and all information, products and services that have been provided should be independently verified by your own qualified professionals. Our information, products, and services on this website should be carefully considered and evaluated, before reaching a business decision, on whether to rely on them.

You agree that the Optimum Fitness Network is not responsible for the success or failure of your business decisions relating to any information presented by our company, or our company products or services.

CLICKBANK & OPTIMUM FITNESS NETWORK
ANTI-SPAM POLICY

Clickbank and the Optimum Fitness Network strictly prohibit its affiliates from using spam e-mail and other forms of Internet abuse (including forum spam and blog spam) to seek sales. Our anti spam policy is not limited to the "can-spam" laws or any other outside agency's definition of spam.

Please note "spam" may be defined by Clickbank and Optimum Fitness Network as ANY unsolicited e-mail or marketing communications and or any email or marketing communications that generate complaints deemed excessive or unacceptable to the Optimum Fitness Network Or Clickbank or which could harm the reputation or business of the Optimum Fitness Network or Clickbank. By promoting Optimum Fitness Network products, you agree and understand that spam may be defined as including, but is not limited to ANY of the following:

Electronic mail messages addressed to a recipient with whom the sender does not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient through an opt in subscription.

Messages posted to Usenet, forums and message boards that are off-topic (unrelated to the topic of discussion), cross-posted to unrelated newsgroups, posted in excessive volume, or posted against forum/message board rules. Be conscious of forum rules! If a forum owner or moderator complains that an affiliate has spammed, the affiliate account may be permanently terminated after investigation.

Content posted on free blog websites, especially multiple blog websites that are not updated and are used for the sole purpose of keyword spamming, or comments posted to legitimate blogs that violate the comment policy of the blog owner.

Solicitations posted to chat rooms, or to groups or individuals via Internet Relay Chat or "Instant Messaging" system (such as ICQ);

Certain off-line activities that, while not considered Spam, are similar in nature, including distributing flyers or leaflets on private property or where prohibited by applicable rules, regulations, or laws.

Optimum Fitness Network, in conjunction with Clickbank, may undertake, at its sole discretion and with or without prior notice, the following enforcement actions:

Account Termination: Upon the receipt of a credible complaint, the Optimum Fitness Network administration may immediately contact Clickbank to investigate the complaint, and if necessary, will then request or approve termination of the affiliate account of the individual implicated in the abuse. Termination results in the immediate closure of the Clickbank account, the loss of all referrals, and the forfeiture of any unpaid money on account. At Clickbank’s discretion, termination may not only result in being banned from the Optimum Fitness Network Affiliate Program, but also being banned from ANY other Clickbank affiliate programs.

If you wish to report a violation of our Anti-Spam Policy, please forward all relevant evidence to our customer service department.

For more information on what spam is, why it is bad, and what can be done about it, visit:

Affiliates are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. Affiliates have no authority to make or accept any offers or representations on our behalf. Affiliates will not make any statement, whether on their sites or otherwise, that reasonably would contradict this statement.

The term of this Agreement will begin when you accept and will end when terminated by either party. Either the Optimum Fitness Network or the affiliate 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, all licenses granted hereunder shall immediately terminate and you will immediately cease use of, and remove from Affiliate's Web Site, all links to the Optimum Fitness Network websites, and all Optimum Fitness Network trademarks and logos, other Optimum Fitness Network marks and all other materials provided in connection with this program.

Optimum Fitness Network will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, expenditures 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 commissions paid or payable to the affiliate under to this Agreement.

We make no express or implied warranties or representations with respect to the Affiliate Program or an affiliate’s potential to earn income from the Affiliate Program. In addition, we make no representation that the operation of the Optimum Fitness Network websites or the Affiliate links will be uninterrupted or error-free, and the Optimum Fitness Network will not be liable for the consequences of any interruptions or errors.

Assignment

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 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.

As the Internet is an evolving media and technology, new forms of abuse have arisen and are bound to continue to arise in the future. If and when such new abusive practices occur, the Optimum Fitness Network reserves the right to assign existing affiliate policies to the new forms of abuse and to update and revise this affiliate agreement. In addition, this affiliate agreement may be revised and updated at any time for any other reason at the discretion of the vendor. Any changes or additions to Clickbank affiliate agreement will also apply as soon as they are effective in the Clickbank affiliate agreement, whether they are listed on this page or not.

If any of the provisions of this Agreement are determined by a court to be unenforceable, they shall be severed from this Agreement, and the remaining provisions shall remain in full force and effect.

By signing up with Clickbank, you acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated this program and are not relying on any representation, guarantee or statement other than as set forth in this agreement.

Eddie Lomax,
President & Founder Optimum Fitness Network LLC
Affiliate Program Manager
Click Here To Contact Me

To: All Optimum Fitness Network Affiliate Team Members From: Eddie Lomax

To: All Optimum Fitness Network Affiliate Team Members
From: Eddie Lomax