In consideration of participating in the Program, You agree to the following terms:
Spam: Under no circumstances shall You send commercial electronic mail messages as defined in the new Federal spam law, the CAN-SPAM Act of 2003 [the “Act”], with respect to the 17 Day Diet® and Dr. Mike Diet® Program. For clarification, this does not prohibit You from sending transactional or relationship messages as defined in the Act. Dr. Mike®, Inc. reserves the right to collect, withhold, or cancel any and all compensation related to the content You send via commercial electronic mail messages.
Tracking Tags: The tools, products and creative assets (collectively, “Assets”) that are provided to the 17 Day Diet® and Dr. Mike Diet® and/or Dr. Mike®, Inc. provide valuable information vital to the success of the Program, including information that helps make sure Transactions generated by You are properly attributed to You for Payout calculations. Thus, each of these Assets must be used in their intended manners as instructed by Dr. Mike®, Inc.. You agree that You will not corrupt, modify or disable the tracking functionality provided to You related to the Program.
Keywords, Pay Per Click advertising, and domain names involving the 17 Day Diet® and Dr. Mike Diet® trademark “Dr. Mike” and variations thereof: You shall not purchase search engine keywords or domain names that use Dr. Mike®, the 17 Day Diet® and Dr. Mike Diet® trademark “17 Day Diet®” and/or certain variations and misspellings thereof.
You shall not purchase or register keywords, Pay Per Click advertising, AdWords, search terms, domain names, or other identifying terms that include the words ” Dr. Mike®, the 17 Day Diet® and Dr. Mike Diet®” or certain variations and misspellings thereof for use in any search engine, portal, sponsored advertising service or other search or referral service which include but are not limited to:
Specifically, this policy prohibits You from:
Bidding on Dr. Mike®, the 17 Day Diet® and Dr. Mike Diet® trademark, ” Dr. Mike®, the 17 Day Diet® and Dr. Mike Diet®”, and any keyword string that includes this term. For example, ” 17 Day Diet® gadgets”, ” Dr. Mike Diet® apparel”, “Dr. Mike® computing”, “17 Day Diet® t-shirts”, “Dr. Mike Diet® coupons”, “17 Day Diet® promotions”, etc.; and
Bidding on variations of Dr. Mike®, the 17 Day Diet® and Dr. Mike Diet® trademark: for example, ” the-17-Day-Diet.com”, www.drmikediet.com”, “the 17 Day Diet®”, “Dr. Mike Diet”, www.the17daydiet”, “the.17.day.diet.com”, ‘the.dr.mike.diet.com, ect.
Purchasing domain names based on the 17daydiet® Dr.MikeDiet® trademarks or variations of the 17daydiet®, Dr.MikeDiet® trademark: for example “the17daydiet.com”, “thedrmikediet.com”, “the17daydietproducts.com”, etc.
Purchasing Pay Per Click advertising containing the 17daydiet® Dr.MikeDiet® trademarks or variations of the 17daydiet® Dr.MikeDiet® trademark: for example “the17daydiet.com”, “thedrmikediet.com”, “the17daydietproducts.com”, etc.
Dr. Mike®, the 17 Day Diet® and Dr. Mike Diet® determines, in its sole discretion, that You have purchased or attempted to purchase ” Dr. Mike®, the 17 Day Diet® and Dr. Mike Diet®” keywords or domain names, or one of the three cited examples above, then Dr. Mike®, the 17 Day Diet® and Dr. Mike Diet® may (without limiting any other remedies available to it) pursue any or all of the following actions:
Withhold all compensation otherwise payable to You beginning with the date on which You purchased the prohibited trademarked terms;
Remove You from the Dr. Mike®, the 17 Day Diet® and Dr. Mike Diet® affiliate Program permanently; and/or Contact the search engine in which your ad was found to ask that these ads be removed immediately and permanently.
License: All websites, newsletters, companies, or individuals need official approval from The Program before they can become an Affiliate Partner (‘Affiliate’). Only websites, affiliated websites and email distribution lists that have been reviewed and approved are permitted to use the Site. The Program reserves the right to withhold or refuse approval for any reason, whatsoever.
A. In order to be eligible to become a Program Affiliate, all websites, affiliated websites and email distribution lists must meet the following criteria:
Be content-based, not simply a list of links or advertisements, nor can the site be centered around making money off of our Advertisers.
Be written in English and contain only English language content.
Have a top-level domain name.
Cannot offer incentives to users to click on ads; incentives include but are not limited to awarding them cash, points, prizes, contest entries, etc.
Be fully functional at all levels; no ‘under construction’ sites or sections.
Spawning process pop-ups and exit pop-ups are prohibited.
B. The content of the websites, affiliated websites and email distribution lists cannot infringe on any personal, intellectual property or copyrights including but not limited to:
Racial, ethnic, political, hate-mongering or otherwise objectionable content
Investment, money-making opportunities or advice not permitted under law
Gratuitous violence or profanity
Material that defames, abuses, or threatens physical harm to others
Promotion of illegal substances or activities such as illegal online gambling, how to build a bomb, counterfeiting money, etc.
Software Pirating (e.g., Warez, Hotline)
Hacking or Phreaking.
Any illegal activity whatsoever
Any spoofing, redirecting, or trafficking from adult-related websites in an effort to gain traffic
The Program grants You a non-transferable, non-exclusive limited license, if approved, to use the Site and any data, reports, information or analyses arising out of such use, subject to the terms and conditions set forth herein. You acknowledge and agree that You do not have, nor will claim any right, title or interest in the Site software, applications, data, methods of doing business or any elements thereof. You may only access the Site via web browser, email or in a manner approved by The Program. Site integration tags must NOT be altered. Altering tags may jeopardize Your ability to be paid for Events.
5) Fraud. The Program actively monitors traffic for Fraud. If we detect fraud, your account will be made temporarily banned, pending further investigation.
If you fraudulently add leads or clicks or inflate leads or clicks by fraudulent traffic generation (as determined solely by The Program, such as pre- population of forms or mechanisms not approved by The Program), you will forfeit your entire commission for all programs and your account will be Black Listed. The Program reserves sole judgment in determining fraud, and you agree to this clause.
It is the OBLIGATION of the Affiliate to prove to The Program that they are NOT committing fraud. The Program will hold your payment in ‘Pending Status’ until you have satisfactorily provided evidence that you are not defrauding the system. We flag accounts that:
Have click-through rates that are much higher than industry averages and where solid justification is not evident. Have ONLY click programs generating clicks with no indication by site traffic that it can sustain the clicks reported. Have shown fraudulent leads as determined by our clients. Use fake redirects, automated software, and/or fraud to generate clicks or leads from our programs.
8. Limitation of Liability; Disclaimer of Warranty. IN NO EVENT SHALL The Program BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE SITE, OPERATION OF A PROGRAM, OR YOUR DISPLAY OF ANY PROGRAM CREATIVE ON YOUR MEDIA, INCLUDING BUT NOT LIMITED TO BROKEN IMAGES, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF THE PROGRAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE INFORMATION, CONTENT AND SERVICES ON THE SITE ARE PROVIDED ON AN ‘AS IS’ BASIS WITH NO WARRANTY. YOU USE THE SITE AND RUN PROGRAMS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PROGRAM DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE SITE, THE INFORMATION, SERVICES, AND CONTENT INCLUDED ON THE SITE AND PROVIDED BY THE PROGRAM, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE PROGRAM DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THIS SITE OR PROVIDED BY THE PROGRAM IS ACCURATE, COMPLETE OR CURRENT.
9. Indemnity. You shall indemnify, defend and hold The Program harmless from and against any and all claims, allegations, liabilities, costs and expenses (including reasonable attorneys’ fees) by third parties arising out of Your: (a) improper use of the Site; (b) improper operation of a Program; or (c) breach or violation of this Agreement. The Program shall indemnify, defend and hold You harmless from and against any and all claims allegations, liabilities, costs and expenses (including reasonable attorneys’ fees) by third parties arising out of any actual infringement of intellectual property rights resulting from Your display of The Program’s advertising creative provided in connection with operating a Program.
13. Attorneys’ Fees. The Program shall be entitled to an award of its reasonable costs and expenses, including attorneys’ fees, in any action or proceeding arising out of this Agreement.
14. Miscellaneous. This Agreement contains the sole and entire agreement and understanding between the Parties relating to the subject matter herein, and merges all prior discussions, whether through officers, directors, salespersons, employees or consultants. Each Party is an independent contractor and not a partner, joint venturer or employee of the other. All notices shall be sent to the addresses submitted by You when signing up for the service by certified mail, fax, email or courier.
The Program reserves the right to change any conditions of this contract at any time, with or without notice.
15. IMPORTANT NOTICE: The Can Spam Law: Affiliates must comply with The CAN SPAM Act which regulates the form (what information must be included and the required format) commercial email must take. Specifically, The CAN SPAM Act requires that all commercial email contain the following:
Clear and conspicuous identification that the message is an advertisement or solicitation, if the email is unsolicited
Clear and conspicuous notice of the opportunity to opt-out
A truthful subject line.
A functioning mechanism to opt-out.
A valid postal address for the sender.
Labeling of unsolicited sexually explicit material.
Copyright and Service Mark Information: All trademarks are the property of their respective owners.