AFFILIATE AGREEMENT
This Affiliate Agreement ("Agreement") is entered into by and between BeFit Health & Fitness / LoseFat.ca, a business operating under the laws of New Brunswick, Canada ("Company"), and you ("Affiliate"), the person or entity applying to participate in the Company's affiliate program.
1. Affiliate Program Enrollment
- To enroll in the affiliate program, the Affiliate must submit a complete application through the LoseFat.ca website. The Company reserves the right to accept or reject any application at its sole discretion.
2. Commissions
- Commission Rate: Affiliates will earn a commission of $100.00 for each sale of the 30-Day Personalized Meal Plan referred through the Affiliate’s unique tracking link.
- Payment Schedule: Commissions will be paid out on a monthly basis, on the [15th] of each month, for sales completed in the previous month.
- Payment Method: Payments will be made via [e- Transfer]. Affiliates are responsible for providing accurate payment details.
- Tax Obligations: Affiliates are responsible for any taxes associated with the commission payments. Affiliates registered for GST/HST purposes must provide a valid GST/HST number and include the applicable tax on their invoices.
3. Promotional Materials
- The Company will provide approved promotional materials, including banners, text links, and other creatives, which the Affiliate may use to promote LoseFat.ca products.
- Affiliates are prohibited from altering or misrepresenting the Company's materials or products in any way.
4. Tracking and Reporting
- The Company will provide the Affiliate with a unique tracking link to monitor sales and commissions. The Affiliate is responsible for ensuring that this link is properly implemented.
- The Company will provide the Affiliate with access to reports detailing sales and commissions generated through their link.
5. Affiliate Responsibilities
- The Affiliate agrees to comply with all applicable laws, including the Canadian Anti-Spam Legislation (CASL), when promoting LoseFat.ca products.
- The Affiliate agrees not to engage in any deceptive, misleading, or unethical practices, including but not limited to spamming, false advertising, or unauthorized use of the Company’s intellectual property.
- Affiliates must clearly disclose their affiliate relationship with LoseFat.ca in accordance with relevant advertising guidelines.
6. Term and Termination
- This Agreement will begin upon acceptance of the Affiliate into the program and will continue until terminated by either party.
- Either party may terminate this Agreement at any time, with or without cause, by providing written notice to the other party.
- Upon termination, the Affiliate must immediately cease using all promotional materials provided by the Company and remove all links to LoseFat.ca from their website or other promotional channels.
7. Limitation of Liability
- The Company will not be liable for any indirect, special, or consequential damages (including loss of revenue, profits, or data) arising out of or related to this Agreement or the Affiliate’s participation in the affiliate program, even if the Company has been advised of the possibility of such damages.
8. Governing Law
- This Agreement will be governed by and construed in accordance with the laws of the province of New Brunswick, Canada, without regard to its conflict of law principles.
9. Modification of Agreement
- The Company reserves the right to modify the terms and conditions of this Agreement at any time. Affiliates will be notified of any changes by email or through the affiliate portal. Continued participation in the program after such modifications constitutes the Affiliate's agreement to the new terms.
10. Entire Agreement
- This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements or understandings, whether written or oral.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date of acceptance by the Affiliate.