Terms & Conditions

This Affiliate Marketing Program Agreement (the “Agreement”) is made by and between Karen Keller International, Inc. (“KKI”), and you, as an Affiliate host (“You”, “Your”, “Affiliate”) of the Karen Keller International Marketing Materials.

You must agree to abide by the terms and conditions contained in this Agreement in order to host KKI Marketing Materials. Please read this Agreement carefully before registering for the Program as an Affiliate. By signing up for KKI’s Affiliate Marketing Program, you indicate Your acceptance of this Agreement and its terms and conditions.

The following agreement is summarized as follows:

1. KKI’s affiliate commission is 50% net for digital products (after cost of goods sold; shipping and handling charges are applied)
2. Commissions cannot be made on products purchased with one’s own affiliate link.
3. The Karen Keller, Ph.D. affiliate program excludes certain programs.
4. We can’t be held responsible if you refer your affiliate link to people with computer systems that do not allow the cookies necessary to give you affiliate credit, or if they already have another affiliate’s cookies on their system.
5. KKI reserves the right to, at its sole discretion, remove an Affiliate from KKI’s Affiliate Marketing Program completely with a complete forfeit of commissions.
6. You place our marketing materials anywhere on your site as you see fit, or within non-spam emails.
7. We may email you with any changes or updates to the marketing materials as we see fit.
8. Hate, Adult or other related sites (as determined by KKI) are not allowed to participate. KKI reserves the right to terminate this Agreement with You without further notice or compensation if it is deems a website inappropriate.
9. All statistics are collected and calculated by KKI, and will be the only valid stats used for determining Sales Commissions.
10. Any page that contains KKI’s links, banners, or code must be written in English.
11. As an Affiliate, you can only have 1 account (“Your Account”). You can list multiple domains in Your Account, but only one account is allowed.
12. Your physical address listed for receiving checks MUST be your actual address. The use of mail forwarding services, for the purpose of avoiding network demographics, is NOT allowed.
13. You cannot SPAM. We will terminate your account on the first offense of SPAMMING. Do not send email to lists or groups that you do not have permission to send to. We cannot stress this enough, we WILL terminate your account on the first offense.
14. You may place our affiliate marketing materials such as banners or links within your newsletters, in content of your website, or within other web related content. You can only use the affiliate marketing materials provided by Karen Keller International and cannot alter the marketing content or creative.
15. The integrity of our marketing materials must remain intact.  Affiliates are prohibited from changing/adapting/rewording/altering the copy or imagery in any way, and failure to comply will terminate Affiliates’ relationship with KKI’s Affiliate Marketing Program with a complete forfeit of commissions.
    
16. Fraud is a serious offense, and will be treated as such. Fraud is defined as any action that intentionally attempts to create false sales, leads, or click-throughs using robots, frames, iframes, scripts, or manually “refreshing” of pages, for the sole purpose of creating commissions.  Misuse of KKI’s marketing materials, including the use of banners or links in unapproved areas, such as newsgroups, chat rooms, ICQ, message boards, banner networks, hit farms, counters, or guestbooks etc. is cause for Your account to be terminated with a forfeit of Commissions.  Reporting or committing false or fraudulent transactions in an effort in increase Your Sales Commissions is illegal, will not be tolerated, and will result in termination of Your Account and forfeit of Sales Commissions.  ANY ATTEMPTED FRAUD OR FRAUD WILL RESULT IN MEMBERSHIP TERMINATION AND VOIDED COMMISSIONS.

PRIVACY POLICY

KKI respects the privacy of its Affiliates and will not disclose personal information to third parties without the express permission of You and Your company. If You have any questions please contact affiliateassitance@Karen-Keller.com .

 

DEFINITIONS

“Affiliate” means an individual or business generating its own traffic and thus shall be rewarded for legitimate sales, leads, clicks or other measurable action.  Affiliates use KKI’s Affiliate Marketing Program to gain tracking, reporting and receipt of commission payment.

“Visitor” means any person, or user that clicks on a link to an KKI website, accessed through an Affiliate’s website.

“Sale Commission” means the payout KKI sets and agrees to pay to the Affiliate for Visitors referred to KKI’s websites that result in an authorized, legitimate sale of a product or service.  Sales Commissions will be based on net sales minus any refunds.

“Link” means a hyperlink placed on an Affiliate’s site that, when clicked on, sends a Visitor to an KKI website.  Links take many forms including text, a product image, buttons, banners, video or any other format acceptable to KKI.

“Your Account” means the specific account within KKI’s Affiliate Marketing Program where Sales Commissions are tracked, reported and calculated.

 

THE PROGRAM

KKI has developed and operates the Affiliate Marketing Program, which allows Affiliates to participate in KKI’s marketing efforts. As an Affiliate of KKI’s Affiliate Marketing Program, you will be hosting a variety of web content for KKI on your independent website.  All established Affiliate relationships will be conducted and managed through the KKI’s Affiliate Marketing Program.

 

LINK PLACEMENT

As an Affiliate of the Program, you may place and remove KKI’s Marketing Materials on Your site and in acceptable locations (see Terms 6, 10 and 12 above).

 

AFFILIATE PAYMENT

You will receive a Commission based on net sales generated via Your Links. In order to place Links, You must first be approved by KKI’s Affiliate Marketing Program to become an Affiliate. You understand that the Payout amount may be changed at any time. Sales will be calculated each month and commission amounts will be held for 60 days after that month to allow for any refunds to be deducted.

 

PROGRAM AND SUPPORT

KKI will provide support for the Program as indicated on the KKI Affiliate Marketing Program Web site.

 

EMAIL CONTACT

KKI reserves the right to send e-mail to You for the purposes of informing you of applicable changes or additions to the Program or related products and services.

 

CHANGES TO THE PROGRAM

KKI reserves the right to change, modify, add or remove portions of this Agreement at any time and may add to, change, suspend or discontinue any aspect of the Program at any time.  Any changes made will be posted to the KKI Affiliate Marketing Program website, and it is Your responsibility to check the website for any changes.

 

REGISTRATION

To sign up as an Affiliate of KKI’s Affiliate Marketing Program and to use the Program as an Affiliate Partner you must be at least 18 (eighteen) years of age, and supply a valid tax-id, which may be your social security number for individuals, or a federal tax-id for corporations or entities.

You shall notify KKI by e-mail at of any known or suspected unauthorized uses of KKI’s marketing materials housed on Your website, or any known or suspected breach of security concerning KKI’s marketing materials. Any fraudulent, abusive or otherwise illegal activity may be grounds for termination by KKI and referral to the appropriate law enforcement agencies.

 

ACCEPTED USE

You represent to KKI that Your web content is solely owned by You or provided by You with the express authority of the company You represent, does not infringe upon any other individual’s or organization’s rights (including, without limitation, intellectual property rights) and is not defamatory, libelous, unlawful or otherwise objectionable. You shall not provide, promote, distribute, place or otherwise publish as an Affiliate of the Program any content, or Web site that includes content, which is libelous, defamatory, obscene, pornographic, abusive, fraudulent or violates any law. As an Affiliate, You may not artificially inflate traffic counts to KKI’s site(s) using any device, program, robot or other means, including but not limited to JavaScript pop-up windows and redirects. You may not click on Your own banners and/or links to inflate traffic.

Any Link placed must be done in such a way that it is not misleading to any Visitor and done with the intention of delivering valid sales, leads, or clicks to KKI for that Link.

KKI RESERVES THE RIGHT TO DEEM ANY SITE INAPPROPRIATE AND TERMINATE THE RELATIONSHIP AS A MEMBER OF KKI’s Affiliate Marketing Program. If You are terminated from the Program, KKI has the right to withhold commissions and You will not be allowed to re-join KKI’s Affiliate Marketing Program.

 

LIMITATION OF LIABILITY

You agree that KKI, although the provider of the Program, has no responsibility or liability as a result of Your placement of authorized Links from Your Web site, and You, agree to indemnify, defend, and hold harmless KKI and its affiliates, officers, directors, employees and agents from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys’ fees) directly or indirectly arising from or relating to any offer or any other matter related to this Agreement or the subject matter hereof and any dispute relating thereto.

 

OWNERSHIP AND LICENSES

You, the Affiliate, are granted a non-exclusive, limited, revocable right to use KKI provided trademarks and banners. All images, technology and content provided for Your use is and shall remain the sole property of KKI, and no part thereof shall be deemed assigned or licensed to You except as explicitly provided for herein. All intellectual property rights, including trademarks, copyrights, patent rights or applications, tradenames and service marks related to the foregoing shall remain KKI’s sole property, including rights in and to any derivatives thereof. You may not modify the trademarks, banners, the content or any of the images provided to You in any way.

KKI may immediately terminate Your license to use the marks if KKI reasonably believes that such use dilutes, tarnishes or blurs the value of their marks. You acknowledge that Your use of the marks will not create in You, nor will You represent that You have, any right, title or interest in or to the marks other than the license granted by KKI. You will not challenge the validity of or attempt to register any of the marks or Your interest therein as a licensee, nor will You adopt any derivative or confusingly similar names, brands or marks or create any combination marks with the marks. You acknowledge KKI’s ownership and exclusive right to use the marks and agree that all goodwill arising as a result of the use of the marks shall inure to the benefit of KKI.

 

REPRESENTATIONS

KKI makes no representations whatsoever about any other Web site which You may access through the Program. In addition, a link to a non-KKI Web site does not mean that KKI endorses or accepts any responsibility for the content or the use of such Web site.

 

NONASSIGNABILITY

This agreement shall be binding upon and inure to the benefit of the Parties and their respective successors and permitted assigns.  This Agreement or any rights or obligations herein may not be assigned or otherwise transferred by either Party to any third party without the prior written consent of the other party.

 

TERM

The term of this Agreement shall be for one year.  However, each party retains the right to terminate the relationship with 14 days written notice.

 

JURISDICTIONAL ISSUES

This Agreement shall be governed by Indiana, USA law regardless of conflicts of law.  The exclusive forum for any actions brought in connection with this Agreement shall be in the state and federal courts in and for the State of Indiana, USA and You consent to such jurisdiction.

 

MISCELLANEOUS

This Agreement represents the complete agreement concerning this license and may be amended only by a writing executed by both parties. THE ACCEPTANCE OF ENTRY INTO KKI’S AFFILIATE MARKETING PROGRAM BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions shall in no way be affected or impaired.

KKI’s relationship with respect to Affiliate is that of an independent contractor.  Nothing herein shall be deemed to create a relationship of agency or partnership.

 

Your signing up to the Karen Keller International Affiliate Marketing Program automatically implies acceptance and agreement in our Terms and Conditions set forth herein.