By submitting the online application to be an affiliate for Ditch The Carbs, you are agreeing that you have read and understood the terms and conditions of this agreement and that you agree to be legally responsible for each and every term and condition. We may revoke your affiliate status and any commissions due if you fail to meet these terms.
Please read the entire ditchthecarbs affiliate agreement.
1. OVERVIEW
This agreement contains the complete terms and conditions that apply to you becoming an affiliate in ditchthecarbs.com’s affiliate program. The purpose of this agreement is to allow HTML linking between your website and the ditchthecarbs.com website. Please note that throughout this agreement, “we,” “us,” and “our” refer to ditchthecarbs.com, and “you,” “your,” and “yours” refer to the affiliate.
2. AFFILIATE OBLIGATIONS
2.1. You must be a current ditchthecarbs.com affiliate in good standing. We may reject your application at our sole discretion. We may cancel your application if we determine that your site is unsuitable for our program, including if it:
2.1.1. Promotes sexually explicit materials
2.1.2. Promotes violence
2.1.3. Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
2.1.4. Promotes illegal activities
2.1.5. Incorporates any materials which infringe or assist others to infringe on any copyright, trademark, or other intellectual property rights or to violate the law
2.1.6. Includes “Ditch The Carbs” or variations or misspellings thereof in its domain name
2.1.7. Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically, or otherwise objectionable to us in our sole discretion.
2.1.8. You may not create or design your website or any other website that you operate, explicitly or implied in a manner that resembles our website nor design your website in a manner that leads customers to believe you are ditchthecarbs.com or any other affiliated business.
2.2. As a member of ditchthecarbs.com’s affiliate program, you will have access to the affiliate area. Here you will be able to download a referral link and/or HTML code (that provides for links to web pages within the ditchthecarbs.com website) and banner creatives, browse, and get tracking codes for our products. In order for us to accurately keep track of all guest visits from your site to ours, you must use the HTML code that we provide for each banner, text link, or other affiliate links we provide you with.
2.3. ditchthecarbs.com reserves the right, at any time, to review your placement and approve the use of your links and require that you change the placement or use to comply with the guidelines provided to you.
2.4. The maintenance and the updating of your site will be your responsibility. We may monitor your site as we feel necessary to make sure that it is up-to-date and to notify you of any changes that we feel should enhance your performance.
2.5. It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any person’s copyrighted material, whether it be a writing, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person’s copyrighted material or other intellectual property in violation of the law or any third-party rights.
3. DITCH THE CARBS RIGHTS AND OBLIGATIONS
3.1. We have the right to monitor your site at any time to determine if you are following the terms and conditions of this agreement. We may notify you of any changes to your site that we feel should be made, or to make sure that your links to our website are appropriate and to notify further you of any changes that we feel should be made. If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participation in the ditchthecarbs.com affiliate program.
3.2. ditchthecarbs.com reserves the right to terminate this agreement and your participation in the ditchthecarbs.com affiliate program immediately and without notice to you should you commit fraud in your use of the ditchthecarbs.com affiliate program or should you abuse this program in any way. If such fraud or abuse is detected, we shall not be liable to you for any commissions for such fraudulent sales.
3.3. This agreement will begin upon our acceptance of your affiliate application, and will continue unless terminated hereunder.
4. TERMINATION
Either you or we may end this agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of mail or email. In addition, this agreement will terminate immediately upon any breach of this agreement by you.
Your affiliate account will be automatically terminated upon cancellation of being a ditchthecarbs.com affiliate. In this instance, any pending affiliate commissions will be paid to you up to 30 days after the end of your membership.
5. MODIFICATION
We may modify any of the terms and conditions in this agreement at any time at our sole discretion. In such an event, you will be notified by email. Modifications may include but are not limited to, changes in the payment procedures and ditchthecarbs.com’s affiliate program rules. If any modification is unacceptable to you, your only option is to end this agreement. Your continued participation in ditchthecarbs.com’s affiliate program following the posting of the change notice or new agreement on our site will indicate your agreement to the changes.
6. PAYMENT
Referrals are typically paid to you after 30 days. Payments will be sent via PayPal. Please ensure that you have added your Business PayPal email address in the affiliate area under settings so that payment can be received. No other method of payment can be used.
If a referral cancels in their first 30 days and requests a refund, you will not receive payment for that referral.
7. ACCESS TO AFFILIATE AREA
Ditchthecarbs.com uses Thrivecart to run the affiliate program. You do not need a paid account. You can access the affiliate area at any time – please login using your Thrivecart login first. In the affiliate area you will be able to access your affiliate links, see your statistics and successful referrals, view commissions due and paid, and also access any creatives that we may add for your use.
8. PROMOTION RESTRICTIONS
8.1. You are free to promote your own websites, but naturally, any promotion that mentions ditchthecarbs.com could be perceived by the public or the press as a joint effort. You should know that certain forms of advertising are always prohibited by ditchthecarbs.com. For example, advertising commonly referred to as “spamming” is unacceptable to us and could cause damage to our name. Other generally prohibited forms of advertising include the use of unsolicited commercial email (UCE). In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address. You may use mailings to customers to promote ditchthecarbs.com so long as the recipient is already a customer or subscriber of your services or website, and recipients have the option to remove themselves from future mailings. Also, you may post to newsgroups or on social media to promote ditchthecarbs.com so long as the group specifically welcomes commercial messages. At all times, you must clearly represent yourself and your websites as independent from ditchthecarbs.com. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this agreement and your participation in the ditchthecarbs.com affiliate program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.
8.2. Affiliates that among other keywords or exclusively bid in their Pay-Per-Click campaigns on keywords such as ditchthecarbs.com, Ditch The Carbs, www.ditchthecarbs.com, and/or any misspellings or similar alterations of these – be it separately or in combination with other keywords – and do not direct the traffic from such campaigns to their own website prior to re-directing it to ours, will be considered trademark violators, and will be banned from Ditch The Carbs’s affiliate program. We will do everything possible to contact the affiliate prior to the ban. However, we reserve the right to expel any trademark violator from our affiliate program without prior notice, and on the first occurrence of such PPC bidding behavior.
8.3. Affiliate shall not transmit any so-called “interstitials,” “Parasiteware™,” “Parasitic Marketing,” “Shopping Assistance Application,” “Toolbar Installations and/or Add-ons,” “Shopping Wallets” or “deceptive pop-ups and/or pop-unders” to consumers from the time the consumer clicks on a qualifying link until such time as the consumer has fully exited Ditch The Carbs’s site (i.e., no page from our site or any ditchthecarbs.com’s content or branding is visible on the end-user’s screen). As used herein a. “Parasiteware™” and “Parasitic Marketing” shall mean an application that (a) through accidental or direct intent causes the overwriting of affiliate and non affiliate commission tracking cookies through any other means than a customer initiated click on a qualifying link on a web page or email; (b) intercepts searches to redirect traffic through an installed software, thereby causing, pop ups, commission tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search (search engines being, but not limited to, Google, Bing, Yahoo and similar search or directory engines); (c) set commission tracking cookies through loading of Ditch The Carbs site in IFrames, hidden links and automatic pop ups that open ditchthecarbs.com’s site; (d) targets text on web sites, other than those web sites 100% owned by the application owner, for the purpose of contextual marketing; (e) removes, replaces or blocks the visibility of Affiliate banners with any other banners, other than those that are on web sites 100% owned by the owner of the application.
9. GRANT OF LICENSES
9.1. We grant to you a non-exclusive, non-transferable, revocable right to (i) access our site through HTML links solely in accordance with the terms of this agreement and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the “Licensed Materials”) that we provide to you or authorise for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of ditchthecarbs.com’s affiliate program. You agree that all uses of the Licensed Materials will be on behalf of ditchthecarbs.com and the goodwill associated therewith will insure to the sole benefit of ditchthecarbs.com.
9.2. Each party agrees not to use the other’s proprietary materials in any manner that is disparaging, misleading, obscene, or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this agreement, each party retains all right, title, and interest to its respective rights, and no right, title, or interest is transferred to the other.
10. DISCLAIMER
ditchthecarbs.com makes no express or implied representations or warranties regarding ditchthecarbs.com service and website or the products or services provided therein, any implied warranties of ditchthecarbs.com ability, fitness for a particular purpose, and non-infringement are expressly disclaimed and excluded. In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
11. LIMITATIONS OF LIABILITY
We will not be liable to you with respect to any subject matter of this agreement under any contract, negligence, tort, strict liability, or other legal or equitable theory for any indirect, incidental, consequential, special, or exemplary damages (including, without limitation, loss of revenue or goodwill or anticipated profits or lost business), even if we have been advised of the possibility of such damages. Further, notwithstanding anything to the contrary contained in this agreement, in no event shall ditchthecarbs.com’s cumulative liability to you arising out of or related to this agreement, whether based in contract, negligence, strict liability, tort, or other legal or equitable theory, exceed the total commission fees paid to you under this agreement.
12. INDEMNIFICATION
You hereby agree to indemnify and hold harmless ditchthecarbs.com, and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary rights of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.
13. CONFIDENTIALITY
All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this agreement which is marked “Confidential,” will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without the express written permission of the disclosing party.
14. MISCELLANEOUS
14.1. You agree that you are an independent contractor, and nothing in this agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and ditchthecarbs.com. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or any other of your sites or otherwise, that reasonably would contradict anything in this Section.
14.2. Neither party may assign its rights or obligations under this agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.
14.3. You may not amend or waive any provision of this agreement unless in writing and signed by both parties.
14.4. This agreement represents the entire agreement between us and you and shall supersede all prior agreements and communications of the parties, oral or written.
14.5. The headings and titles contained in this agreement are included for convenience only, and shall not limit or otherwise affect the terms of this agreement.
14.6. If any provision of this agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.
15. COMMISSIONS
Affiliates are paid a percentage-based commission. The percentage is based on the price the customer actually pays. For example, if a product is $100 with 50% commission and the customer uses a coupon that gives them $20 off, the affiliate will earn $40 in commission (50% of the $80 the customer paid). Affiliates earn 40% on all eBooks, 30% on courses, and 30% on recurring memberships. These percentage-based commissions are liable to change. A fair warning will be given in writing minimum 30-days prior to any change.
16. TRACKING SALES
16.1 When you log into your affiliate dashboard, you can obtain all your unique affiliate links (URL’s). These are the links you will share with your readers. These links automatically redirect traffic to the product’s dedicated sales page.
16.2 When a customer visits an affiliate link, a 30-day cookie is placed on their device which associates it with that affiliate. Affiliates can send traffic to any page and no matter what product the customer buys, the affiliate will earn a commission (providing the affiliate is approved for that product).
16.3 “Last cookie” means the affiliate link that’s used last (typically the one who ‘closes’ the sale) will earn the commission.
16.4 The tracking cookie lasts for 30 days. If your reader comes back and purchases on day 31, unless they clicked the affiliate link again, the affiliate won’t earn a commission. If your reader does not use your unique affiliate link to purchase, you do not earn the commission.
16.5 It is the affiliate’s responsibility to ensure the correct and unique affiliate tracking links are used and it is the affiliate’s responsibility to ensure your reader/buyer buys using your link. If you do not direct traffic to this URL, the sale will not be associated with you.
17. REFUNDS & CLAWBACKS
If your referred customer claims a refund after an auto-payment, your commission is automatically attempted to be clawed back from your PayPal account or backup funding source. The payout system has the ability to initiate a clawback of paid commissions from your affiliate if needed. This has never happened, but the function is there if needed.
18.TAX AND DISCLOSURES
18.1 It is your responsibility as an affiliate and an independent contractor to ensure you pay the required tax in your country and any tax required from countries that you sell in. You need to consult your accountant and tax specialist to obtain full legal advice in these matters. You must get tax advice and accounting advice from a regulated authorised professional. It is the responsibility of each affiliate to ensure they are complying with all the relevant tax rules that apply to you.
18.2 You must comply with your country’s affiliate disclosure laws. You must disclose/declare you earn commission through your affiliate links. This applies but is not limited to websites, blogs, social media, and emails. The rules change rapidly, you need to stay up to date with current rules and regulations regarding compliance. It is your responsibility to ensure you are complying with all the relevant rules that apply to you and in your country.