Please review the client contract. You must scroll to the bottom of the contract in order to proceed.1.This CLICKBANK CLIENT CONTRACT (the "Agreement") constitutes a legally binding agreement between Click Sales Inc., a Delaware corporation ("ClickBank") and you ("You" or "Your"). BY CHECKING THE BOX STATING THAT YOU HAVE READ AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AS PART OF YOUR REGISTRATION WITH CLICKBANK, YOU AGREE AND CONSENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING ANY CHANGES TO THIS AGREEMENT OR ADDITIONAL POLICIES INCORPORATED BY REFERENCE WHICH CLICKBANK MAY MAKE IN ITS SOLE DISCRETION IN THE FUTURE, FOR AS LONG AS YOU USE THE CLICKBANK SERVICES. Subject to the terms and conditions of this Agreement, ClickBank hereby grants to You a non-exclusive, revocable, right and license, without right to sublicense, to use ClickBank's proprietary online platform, including without limitation the website located at http://www.clickbank.com, any services offered on or through such website, and any servers, computers or networks used to provide such website (the "ClickBank Services") for the purposes set forth in this Agreement. In the event You transfer Your account or ownership of any Product, as defined below, You shall ensure that any purchasers or assignees are bound by the terms of this Agreement. In addition to any other rights or remedies afforded ClickBank under or otherwise in connection with this Agreement, You agree and acknowledge that You have read and agree to comply with the following policies which are hereby incorporated by reference into, and made a part of, this Agreement: •Vendor and Products Requirements Policy •Digital Millennium Copyright Act ("DMCA") and Trademark Policy •Return and Cancellation Policy •Accounting Policy •Privacy Policy •Security Policy •Network Abuse Policy •Legal Notice •Joint Venture Program Guidelines 2.REGISTRATION. a.You will be required to register for an account in order to use certain ClickBank Services. When You provide information during the registration process, You agree to provide only true, accurate, current and complete information and to update it as necessary to maintain its truth and accuracy.b.If You register for a ClickBank account, You agree to accept responsibility for all activities that occur under Your account or password, if any, and You agree You will not sell, transfer or assign Your subscription or any subscriber rights. You are responsible for maintaining the confidentiality of Your password, if any, and for restricting access to Your computer (or other Internet access device, as applicable) so that others may not access the password protected portion of the ClickBank Services using Your account information in whole or in part. ClickBank reserves the right to terminate Your account or otherwise deny You access in its sole discretion without notice and without liability.3.PROMOTING PRODUCTS. If You promote, market or otherwise advertise ("Promote" or a "Promotion") any product which is registered for sale via the ClickBank Services, either by You or by another ClickBank client (each a "Product"), whether via the ClickBank Services or via any other online or offline channel or medium for the purpose of earning a percentage of the sale price of any Product sold as a result of such Promotion ("Commissions"), You agree, acknowledge, represent and warrant that: a.You will abide by ClickBank's Return and Cancellation Policy and You will establish Your Vendor Return Policy as set forth below. b.When You Promote a Product, You will use the applicable Vendor's trademarks, logos, trade names or service marks in accordance with such Vendor's trademark guidelines, which will either be supplied by ClickBank or set forth in the Vendor Promotional Messaging Guidelines, if applicable. For purposes of this Agreement, "Vendor" is defined as any person or entity that submits one or more Products for sale via the ClickBank Marketplace.c.You will not make any unlicensed or unauthorized use of, or otherwise infringe, violate or misappropriate any patent, copyright, trademark, trade secret, right of privacy, right of publicity or other intellectual property or other proprietary right (collectively "IP Rights") of any entity or individual.d.You will not interfere with or manipulate rankings of ClickBank's Marketplace (as defined below in Section 4(d)), tracking of Commissions, or the normal flow of traffic to, through, or from the ClickBank Services.e.If You Promote Products or Brands in a high risk industry, You must be in compliance with ClickBank's Additional Terms and Conditions provided to You, which are incorporated into this Agreement by this reference, at all times.f.You will not Promote violence, sexually explicit materials, Products from any website, blog, social network, forum or other medium that contain, host or promote illegal content or material, illegal activities, alcohol, tobacco or prescription drugs, discrimination based upon race, sex, religion, nationality, disability, sexual orientation or age.g.You will not Promote any Products or services to children under the age of thirteen (13).h.You will not defame any person.i.You will not include any trademarks or other brand identifiers, or any copyrighted materials, other than as expressly permitted by this Agreement.j.You will not incorporate any variation of or misspell any third-party trademarks or other brand identifiers in any domain name, username or other identifier, including on any social networking site.k.You will not in any way copy the "look and feel" of any third party website, or otherwise imply that the Promotion is in fact a third party website.l.All communications and/or representations made by You in connection with any Promotions and/or in relation to any Product will be accurate and contain all disclosures and disclaimers necessary to prevent such Promotions from being false or deceptive. Such disclosures and disclaimers must be made in a clear and conspicuous manner, and will otherwise comply with Your country's laws and all U.S. federal and state laws, including U.S. Federal Trade Commission ("FTC") regulations, policies and guidelines governing advertising, disclosure and consumer protection, including the FTC's Endorsement Guidelines. m.ClickBank reserves the right but is not obligated to review Your Promotions. You agree that ClickBank, in its sole discretion and at any time, may require changes to Product Promotion and delivery pages, customer support or other items related to the content of Your Promotions.n.You will provide valid contact information, including but not limited to a working email address and phone number, where ClickBank can send inquiries and receive a non-automated reply by end of the following business day.
o.ClickBank does not independently review, verify, guarantee, or assume any responsibility or liability for, the accuracy, completeness, efficacy, or timeliness of any information provided by Vendors, nor is it responsible for any bonuses, prizes or other incentives offered by Vendors in the "Vendor Spotlight," as described in this Agreement, or otherwise offered by Vendors via the ClickBank Services. Your use of any information presented by a Vendor is voluntary, and Your reliance is at Your sole risk. You acknowledge and understand that ClickBank does not verify statements, claims, incentives or Promotions made by Vendors in the Vendor Spotlight or otherwise made by Vendors via the ClickBank Services.
4.
SELLING PRODUCTS. If You register any Products for sale via the ClickBank Services, You agree, acknowledge, represent and warrant that:
a.All Products You register for sale via the ClickBank Services must be approved by ClickBank prior to You being able to sell the Products through the ClickBank Services. In certain circumstances, ClickBank may require You to modify your Products prior to being approved or prohibit your Products from being sold via the ClickBank Services, in ClickBank's sole discretion.
b.All Products You register for sale via the ClickBank Services, and the offering and sale thereof via the ClickBank Services, comply with all of Your country's laws and all applicable U.S. federal and state laws and regulations.
c.Your Products do not involve downloading software on the computer of a person or entity purchasing a Product (the "Purchaser") unless a purchase is completed or You provide the Purchaser a clear and conspicuous disclosure describing all of the software being downloaded, its functionality and You obtain express consent prior to any such downloads.
d.Without further conditions or limitations, You authorize ClickBank to list any Product You register for sale via the ClickBank Services in the online, searchable marketplace of Products made available via the ClickBank Services (the ClickBank Marketplace"); and make it available for sale to Purchasers and/or for the persons and/or entities that Promote the Products made available via the ClickBank Marketplace ("Affiliates") at the price designated by ClickBank ("Retail Price") after taking into consideration Your suggestions regarding such Retail Price, including any applicable sales tax.
e.You will provide valid email addresses to which Purchasers or ClickBank can send inquiries and receive a reply by end of the following business day. Purchasers and ClickBank must also be able to receive a non-automated response within one business day, when necessary.
f.You will notify ClickBank of any regulatory or legal complaints, or threats of such complaints, that You receive in connection with or in relation to a Product within two business days of Your receipt of such complaint. You shall assist ClickBank, at Your sole cost and expense, in taking any necessary or appropriate actions reasonably requested by ClickBank to respond to and/or resolve such complaints.
g.ClickBank will collect an
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