Forks Meal Planner Refer-a-Friend Terms and Conditions
Forks Meal Planner Referral Agreement
By signing up with the FOK Referral Program, Referrer acknowledges that it has read this Agreement and agrees to all its terms and conditions. You have independently evaluated this Referral Program and are not relying on any representation, guarantee or statement other than as set forth in this Agreement.
This agreement (“Agreement”) dated December 01, 2017 is between the Referrer, and Forks Over Knives, LLC (“FOK”), whose address is 1119 Colorado Ave., Suite 19, Santa Monica, CA 90401, and describes the terms and conditions for participation in the Forks Over Knives Meal Planning Service, aka Forks Meal Planner, referral program (“Referral Program”).
Forks Over Knives markets and sells a subscription-based meal planning service in the form of a website that provides users (“Customers”) with weekly customized meal plans, under the Forks Over Knives trademark.
1. Referral Provider
The FOK referral program is administered in part through a 3rd party referral management company (“Referral Provider”) chosen by FOK.
2. Referral URL
You will be issued a special URL (“Referral Link”) of the Referral Program, which will be unique to you and you only, and will allow you to be paid for referrals. The URL may not be transferred to any other individual or entity.
3. Commission Payments
Referrer will receive $15 of the revenue received (less refunds) for each friend that purchases a monthly, quarterly or annual subscription when placed through properly coded Referral Links (unless noted otherwise for a particular product) on the ForksMealPlanner.com website.
These payments shall be called “Commission Payments.” Revenue received does not include charges incurred by referred Customers for any shipping, handling or taxes. The amount of Commission Payments is limited to no more than $599 per calendar year.
For a sale to generate a Commission Payment to a Referrer, the Customers must complete the order form and remit full payment for the product ordered through the secure order system. Word of mouth referrals will not result in Commission Payments being generated. Commission Payments will only be paid on sales that are made when the Customers click through the qualified, correctly structured Referral Link. Properly coded Referral Links are the sole responsibility of the Referrer. No Commission Payments will be paid for any subscriptions from a FOK employee, existing or past Customers or partner of FOK or any affiliate of FOK. Nothing in the Referral Program shall be deemed to create any kind of relationship between the Referrer and FOK or any of FOK’s affiliates. The Referrer has no authority to represent or bind FOK. Terms and conditions are subject to change.
FOK introduces programs such as these in good faith and expect the same good faith in return. Please note that FOK may withhold Commission Payments if FOK believes a Referrer or Customer is acting in bad faith or otherwise acting contrary to the intent of this Referral Program. To be clear, commercializing, advertising, publishing, mass distributing or selling referral codes is not appropriate, and we will not honor such codes. FOK reserves the right to terminate any Customers and reject any potential Customer at any time in our absolute discretion.
4. Payment
FOK will pay Referrer monthly via their designated PayPal account provided in the Referrer’s designated Referral Portal (refer.forksmealplanner.com) when a Customer joins. If the PayPal email changes, it is the responsibility of the Referrer to update the Referral Portal to ensure proper Commission Payments. . FOK will not resend payments returned due to incorrect payment email addresses. Commission Payments are based on actual good funds received by FOK, less any refunds. Referrer is paid automatically through the Referral Portal within 60 days of FOK receiving payment from Customer. FOK offers refunds if a Customer cancels within 40 days of subscribing; and the appropriate deduction in the referral Commission Payments will be made if a refund is issued.
5. Order Fulfillment
FOK will be solely responsible for processing every order placed by a Customers via the Referral Link. Referrer is not authorized to collect payments or sell any FOK products from other websites as a "reseller" and no "resale" rights are granted in ANY way. Referrer is not authorized to give away copies of any of these products. FOK will also be solely responsible for all Customers service inquires. Referrer understands and acknowledges that no physical products will be shipped.
Customers who purchase products and services through the FOK Referral Program will be deemed to be Customers of FOK. Accordingly, all rules, policies, and operating procedures concerning Customers orders and service will apply to those Customers. We may change our policies and operating procedures at any time. Prices and availability of our products and services may vary from time to time. FOK policies will always determine the price paid by the Customers.
6. Referrer Warranties
At all times during your participation in the Referral Program, Referrer will make sure any sites Referral Links are posted on (“Referral Site”) are (a) in compliance with all applicable laws and regulations; (b) do not contain any material that is fraudulent, defamatory or obscene; and (c) are suitable in all respects to be linked to FOK. The site that Referral Links are posted on may not disparage us. Without limiting the foregoing, the Referral Site may not display or link to other sites that display images or content that (i) depict sexually explicit materials, (ii) promote violence, illegal activities, or unlawful discrimination of any kind, or (iii) promote or incorporate any materials which infringe or assist others to infringe the intellectual property rights of others (collectively “Restricted Content”).
Referrer must make sure that the Referral Site does not, in any way, copy or resemble the look and feel of the FOK or Forks Meal Planner websites (i.e., the distinctive and particular elements of color, graphics, design, organization, presentation, layout, user interface, navigation, trade dress and stylistic convention within FOK, and the total appearance and impression substantially formed by the combination, coordination and interaction of such elements). Referrer may not create an impression that the Referral Site is FOK or part of FOK, or sponsored or endorsed by it.
Referrer will not modify FOK’s intellectual property or use FOK intellectual property in a manner that disparages FOK, or its products or services, or portrays FOK or its products or services in a false light. Each party will avoid any action that diminishes the value of such intellectual property.
REFERRER AGREES NOT TO RUN ANY PAID ADVERTISING CAMPAIGNS FOR FORKS MEAL PLANNER OR THE REFERRAL PROGRAM, INCLUDING BUT NOT LIMITED TO, GOOGLE, YAHOO OR BING SEARCH ADS, FACEBOOK, TWITTER, SPONSORED PINTEREST POSTS, OR ANY OTHER SOCIAL MEDIA ADS, OR ANY OTHER KIND OF PAID ADVERTISING DIGITAL OR OTHERWISE. Any such actions will result in immediate termination of your Referral Account and/or Referral Portal, and all unpaid Commission Payments will be forfeited.
7. Permitted and Prohibited Usage of FOK Assets
Referrer is permitted to use any graphical banners and design resources that are provided in the Referral Portal (refer.forksmealplanner.com). Referrer may use the FOK or Forks Meal Planner logos, trademarks or other resources ONLY with the express written permission of Forks Over Knives. Referrer MAY NOT do so otherwise. Referrer MAY NOT use the term "Forks Over Knives, FOK or Forks Meal Planner" in ANY variation of their site URL. Referrer MAY NOT promote discounts that were not provided to them personally by FOK.
Referrer shall not adopt, use, nor attempt to register with any administrative or other body, any trademark, domain name, trade name, logo or other branding or designation that includes any portion of any Forks Over Knives or Forks Meal Planner such as forksmealplannerdiscounts.com, nor any portion of any trademark, domain name or trade name of FOK or any corporate partner of FOK, nor any trademark, domain name or trade name that is similar to any FOK Icon or any trademark, domain name, trademark or logo of any corporate affiliate of FOK. In no event shall you or your agents make or extend any representation or warranty on our behalf with respect to FOK or its services.
Referrer may not access, monitor or copy any content or information of FOK for any purpose without the express prior written permission of FOK. All rights not expressly granted are reserved by FOK and/or its corporate partners.
8. FOK Anti-Spam Policy
FOK strictly prohibits Referrers from using spam e-mail and other forms of Internet abuse (including spamming forums, blogs, Twitter, Facebook, and other social media outlets) to seek sales. Spam is defined as including, but not limited to, the following:
- Electronic mail messages addressed to a recipient with whom the sender does not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient through an opt in subscription; Messages posted to Usenet, forums, Twitter, Facebook and message boards that are off-topic (unrelated to the topic of discussion), cross-posted to unrelated newsgroups, posted in excessive volume, or posted against forum/message board rules. Be conscious of forum rules! If a forum owner or moderator complains that a Referrer has spammed, the Referral Account and/or Referral Portal may be permanently terminated after investigation.
- Content posted on free blog websites for the sole purpose of keyword spamming, or comments posted to legitimate blogs that violate the comment policy of the blog owner.
- Solicitations posted to chat rooms, or to groups or individuals via Internet Relay Chat or "Instant Messaging" system; Certain off-line activities that, while not considered Spam, are similar in nature, including distributing flyers or leaflets on private property or where prohibited by applicable rules, regulations, or laws.
FOK may undertake, at its sole discretion and with or without prior notice, the following enforcement actions:
- Account Termination: Upon the receipt of a credible complaint, the FOK Referral Program manager may investigate the complaint, and if necessary, will then terminate the Referral Account and/or Referral Portal of the Referrer implicated in the abuse. Termination results in the immediate closure of the Referrer and Referral Account and/or Referral Portal, the loss of all referrals, and the forfeiture of any unpaid money on account. At FOK discretion, termination may not only result in being banned from the Referral Program, but also being banned from ANY other internal referral or affiliate programs.
9. Relationship of Parties
Referrer is an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. Referrer has no authority to make or accept any offers or representations on FOK’s behalf. Referrer will not make any statement, whether on their sites or otherwise, that reasonably would contradict this statement. Neither party may assign this Agreement, or the rights and obligations hereunder, to any third party without the prior express written approval of the other party.
10. Term and Termination
The term of this Agreement will begin when you accept and will end when terminated by either party. Either FOK or the Referrer may terminate this Agreement at any time, with or without cause. Upon the termination of this Agreement for any reason, all licenses granted hereunder shall immediately terminate and you will immediately cease use of, and remove from Referrer’s Referral Site all links to the FOK websites, and all FOK trademarks and logos, other FOK marks and all other materials provided in connection with this Referral Program.
11. Limitation of Liability
FOK will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, expenditures or data) arising in connection with this Agreement or the Referral Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Referral Program will not exceed the total Commission Payments paid or payable to the Referrer under to this Agreement.
12. Disclaimers
FOK makes no express or implied warranties or representations with respect to the Referral Program or the Referrer’s potential to earn income from the Referral Program. In addition, we make no representation that the operation of the websites or the Referral Link will be uninterrupted or error-free, and FOK will not be liable for the consequences of any interruptions or errors.
13. Miscellaneous
FOK’s failure to enforce Referrer’s strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement. If any of the provisions of this Agreement are determined by a court to be unenforceable, they shall be severed from this Agreement, and the remaining provisions shall remain in full force and effect.
This Agreement shall be governed by the laws of the state of California. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its arbitration rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
