As an authorized Affiliate (Affiliate) of From Fatigued To Fantastic, LLC (EndFatigue), you agree to abide by the terms and conditions contained in this Agreement (Agreement). Please read the entire Agreement carefully before registering and promoting EndFatigue as an Affiliate.
Your participation in the Program is solely to legally advertise our website and products at our website to receive a commission on products purchased by individuals referred to EndFatigue by your own website, blog, newsletter, other EndFatigue approved media, or personal referrals (provided the referral visits EndFatigue using one of your Affiliate links).
By signing up for the EndFatigue Affiliate Program (Program), you indicate your acceptance of this Agreement and its terms and conditions.
Approval or Rejection of the Application
We reserve the right to approve or reject any Affiliate Program Application in our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Affiliate Program Application.
Commissions
Commission is paid for all purchases made by an Affiliate referral for 45 days beginning with the first day the individual referral visits EndFatigue through an Affiliate link. You cannot refer yourself, and you will not receive a commission on sales made to accounts you own.
Commissions will be based on the actual payment made by an Affiliate referral at checkout after any discounts may have been applied for a sale via a customer coupon, a special purchase offer (e.g., buy one get one free), or other form of discount that has reduced the normal price(s) for items being purchased.
Payments will only be sent for transactions that have been successfully completed. Transactions that result in chargebacks or refunds will not be paid out. If the commission has already paid to the Affiliate, then it will be debited from the next payout.
Commission Exception for Energy Analysis Program: The EndFatigue website provides links to a second website called the "Energy Analysis Program" (https://www.energyanalysisprogram.com/). This website is an online questionnaire that analyzes factors that may be impacting a user's energy level and provides lifestyle and dietary recommendations that may improve energy and well-being. This Energy Analysis Program website also allows a user to purchase a limited number of nutritional supplements through a simple PayPal mechanism that is separate from EndFatigue. Sales made at this site are negligible compared to those at EndFatigue and are not eligible for Affiliate commission.
Impersonating EndFatigue
Affiliates may not register, buy or use domains or subdomains that may mislead users to believe that such site is an EndFatigue brand website. Affiliates may not create original content that implies it was created by EndFatigue or Dr. Teitelbaum. Affiliates may not send emails or social media messages that imply it is from EndFatigue or Dr. Teitelbaum.
Termination
Your Affiliate application and status in the Program may be suspended or terminated for any of the following reasons:
- Inappropriate advertisements (false claims, misleading hyperlinks, etc.).
- Spamming (mass email, mass newsgroup posting, etc.).
- Advertising on sites containing or promoting illegal activities.
- Failure to disclose the Affiliate relationship for any promotion that qualifies as an endorsement under existing Federal Trade Commission guidelines and regulations, or any applicable state laws.
- Offering rebates, coupons, or other form of promised kickbacks from your Affiliate commission as an incentive. Adding bonuses or bundling other products with EndFatigue products, however, is acceptable.
- Self referrals, fraudulent transactions, suspected Affiliate fraud.
- In addition to the foregoing, EndFatigue reserves the right to terminate any Affiliate account at any time, for any violations of this Agreement or for no reason.
Affiliate Links
You may use graphic and text links both on your website and within your email messages. You may also advertise the EndFatigue site in online and offline classified ads, magazines, and newspapers.
You may use the graphics and text provided by us, or you may create your own as long as they are consistent with the conditions set forth in this Agreement.
Pay Per Click (PPC) Policy
PPC bidding is NOT allowed without prior written permission.
SEO Policy
The use of the word "EndFatigue" or misspellings of it is not allowed within the domain name/URL of your web pages, in the meta descriptions of any of your web pages.
Creative Works
Affiliates may not alter any of the creative works made available from EndFatigue.
Compliance with FDA Regulations
The U.S. Food & Drug Administration (FDA) disallows making what it refers to as "disease claims" about dietary supplements. This means you cannot make statements about our products that claim they can diagnose, treat, cure or prevent any disease. The only statements you can make about their impact on users is their "structure/function" benefit, which refers to their support or promotion of healthy function(s) in the body. You must adhere to these regulations in any statements you make in promoting our website and its products. If you are unfamiliar with these FDA regulations, you should review them at the fda.gov website.
The Affiliate agrees that they are not an employee of EndFatigue and that EndFatigue has no control of, nor responsibility for, any information published by the Affiliate that was not provided directly to them by EndFatigue.
Liability
EndFatigue will not be liable for indirect or accidental damages (loss of revenue, commissions) due to Affiliate tracking failures, loss of database files, or any results of intents of harm to the Program and/or to our website(s).
We do not make any expressed or implied warranties with respect to the Program or products sold by EndFatigue. We make no claim that the operation of the Program and/or our website(s) will be error-free and we will not be liable for any interruptions or errors.
Term of the Agreement
The term of this Agreement begins upon your acceptance in the Program and will end when your Affiliate account is terminated, either by you or EndFatigue.
The terms and conditions of this agreement may be modified by us at any time. If any modification to the terms and conditions of this Agreement are unacceptable to you, your only choice is to terminate your Affiliate account. Your continuing participation in the Program will constitute your acceptance of any change.
Indemnification
Affiliate shall indemnify and hold harmless EndFatigue and its Affiliate and subsidiary companies, officers, directors, employees, licensees, successors and assigns, including those licensed or authorized by EndFatigue to transmit and distribute materials, from any and all liabilities, damages, fines, judgments, claims, costs, losses, and expenses (including reasonable legal fees and costs) arising out of or related to any and all claims sustained in connection with this Agreement due to the negligence, misrepresentation, failure to disclose, or intentional misconduct of Affiliate.
Governing Law, Jurisdiction, and Attorney Fees
This Agreement shall be governed by and construed in accordance with United States. Any dispute arising under or related in any way to this Agreement shall be adjudicated exclusively in the state courts located in Annapolis, Maryland.
In the event of litigation to enforce any provision of this Agreement, the prevailing party will be entitled to recover from the other party its costs and fees, including reasonable legal fees.
Electronic Signatures Effective
The Agreement is an electronic contract that sets out the legally binding terms of your participation in the EndFatigue Affiliate program. You indicate your acceptance of this Agreement and all of the terms and conditions contained or referenced in this Agreement by completing the EndFatigue application process. This action creates an electronic signature that has the same legal force and effect as a handwritten signature.
Please note – this program operates with a 7 day closure notice period.
Questions
If you have any questions about these terms, please contact us at affiliates@endfatigue.com.
