1. To enrol in our Affiliate Program, you must:
- Be over 18;
- live in the United Kingdom
- complete and submit the online application through the Affiliate Registration;
Muscle Moose will evaluate the application and notify the Affiliate of their acceptance or rejection. The Company may reject the application for any reason at their sole discretion.
Without limiting the ability to reject any application for any reason at the Company’s absolute discretion, the Affiliate application will be rejected if:
- The application is incomplete.
- The Affiliate website contains images or content that promotes violence or discrimination based on race, sex, religion, nationality, disability, hate speech, sexual orientation, or age. Copyright or trademark infringement.
The Affiliate website promotes illegal activities or is intended:
- to harass or defame any person.
- The Affiliate website intentionally includes variations or misspellings thereof in their domain names or otherwise violates the Company’s intellectual property rights or the intellectual property rights of others.
If Muscle Moose rejects the Affiliate’s application, the Affiliate is welcome to reapply to the program at any time. However, if the company accepts the application, they reserve the right to terminate the Affiliate’s participation in the program for any reason at their sole discretion immediately and without prior notice.
2. Affiliate agrees that Affiliate’s website, social media or blog does not contain any materials that in Muscle Moose’s sole discretion are considered to:
- Make representations through, designs, imagery, video, text or otherwise that makes your website, social media or blog, resemble the Muscle Moose Website in a manner which leads customers to believe you are the Muscle Moose Website, business or a legal representative of Muscle Moose in any way;
- Generate pop-ups, pop-unders, iframes, frames, or any other seen or unseen actions that set affiliate cookies. Affiliate Program links must direct users to the Muscle Moose Website.
Affiliates may not bid on or use phrases, such as Muscle Moose Deal(s), Muscle Moose Discount(s) or other brand phrases. Any misspellings of our brand name in combination with deal/savings or similar alterations of these words or brand phrases are also strictly prohibited.
As a member of the Affiliate Program, you will be granted access to the Affiliate Dashboard. Here you will have an option to review the details of our Affiliate Program including our promotional materials, such as affiliate links, banner/social creatives. In order for us to accurately keep track of all guest visits from your site, blog or social media channel to the Muscle Moose Website, you must use the affiliate link that we provide for each banner, text link, HTML code or any other promotional material listed.
The Company reserves the right to accept or reject any prospective customers.
3. It is your sole responsibility to follow all applicable laws, regulations, including those that govern email marketing and anti-spam laws.
We reserve the right to remove Abandoned Affiliate Accounts if their balance is equal to or less than £5 after a 6 month period of inactivity. In this case, any accumulated commissions below £5 will be forfeited.
Muscle Moose Rights and Obligations
We reserve the right to monitor your site/social accounts at any time to determine whether you are following these Terms and Conditions. We may inform you of any changes to your site that we feel you should make, or to ensure that your affiliate links to the Muscle Moose website are placed appropriately and to notify you of any other changes that we feel should be made. Failure to make the changes that we feel are necessary within reasonable time (no longer than 30 days) constitutes a material breach of this Affiliate Agreement.
Muscle Moose reserves the right to terminate your participation in the Affiliate Program immediately and without prior notice to you if you commit fraud or abuse this Affiliate Program in any way. If such fraud or abuse is detected, Muscle Moose shall not be liable to you for any Commissions for any fraudulent sales/sales based on abuse.
These Terms and Conditions will begin to apply to you upon our acceptance of your Affiliate application, and their application will continue indefinitely unless terminated hereunder.
Termination
Any Affiliate Agreement may be amended or terminated at any time, with or without cause. Information about the Affiliate Program will be available on the company website. Accordingly, the Affiliate must keep themselves informed of any amendments of Affiliate Programs, particularly if a registered website has terminated its Affiliate Program or changed the conditions for remuneration to Affiliates.
If the Affiliate Agreement is terminated by either party, Muscle Moose shall not be liable to pay any Commission to you after the termination of the Affiliate Agreement.
This Affiliate Agreement will terminate immediately without notice upon any material breach of the Terms and Conditions by the Affiliate.
Modification
We may modify, add or remove any of these Terms and Conditions at any point in time. In such event, you will need to comply with a revised version of these Terms and Conditions when prompted to do so in the Affiliate Dashboard. If any modification is unacceptable to you, your only option is to end your association with the Affiliate Program by closing your account.
Continued participation in the Affiliate Program will indicate your agreement to the changes and your adherence to any modified Terms and Conditions.
Commission Payment
Muscle Moose makes no representations or warranties regarding potential income that may result from the Affiliate Program. Commissions will be paid to the Affiliate based on customers who access the Company website through the Affiliate’s site/link.
The Affiliate is responsible for determining if the payout for a link they placed on their site has changed or been discontinued. The Company reserves the right to deduct the costs for any products that are returned or refunded in the subsequent months, attributable to credit card fraud, or for any other reason if the previous commission was overpaid.
The Affiliate is only eligible to earn commission fees on qualified purchase occurring during the term, and commission fees earned through to the date of termination.
Commission is 7% per completed order, unless otherwise stated within your affiliate dashboard. Commissions will be based on gross sales price, not including any sales tax, shipping, special service fees (such gift box selection), and any other payment made to the Company that is not the purchase price of the product.
Commissions will be paid monthly.
Affiliate is responsible for any personal taxes that arise out of the Affiliate relationship with Muscle Moose.
All payouts are managed by PayPal, and therefore all Affiliates will need to be approved by Paypal before earned commission can be paid.
Payments will only be sent for completed orders. Transactions that are cancelled or refunded will not be receive commission fees.
The Company may withhold your final payment of commission fees for a reasonable time to ensure that all qualified purchases are valid.
Any Affiliate who violates either this Agreement will immediately forfeit their right to all accrued commission fees and be removed from the Company Affiliate Program.
Affiliate Promotional Materials
You are free to promote what you deem appropriate on your own website, social media or blog but any promotion that mentions Muscle Moose and any associated trademarks may be perceived by the press or the public as a joint effort. You should therefore note that certain forms of advertising are always prohibited by Muscle Moose. Any promotions by Affiliates should never contravene promotional laws in the United Kingdom.
Advertising commonly known as “spamming” is inappropriate and unacceptable to us and constitutes a material breach of this Affiliate Agreement. Other prohibited forms of advertising include the use of unsolicited commercial email (UCE). Additionally, you may not advertise in any way that effectively hides or misrepresents your own identity, your domain name, or your email address.
Affiliates are prohibited from bidding on keywords such as Muscle Moose, Moose Juice, Dinky Protein Bar, The Big Protein Flapjack, Moose Juice Energy Shots, Muscle Moose Protein and/or any misspellings or similar alterations of these – be it separately or in a combination with any other keywords – any such action will be considered to be in material breach of the Affiliate Agreement.
Grant of Licenses
We grant to you a non-exclusive, non-transferable, revocable right to (i) access our site through affiliate 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 the Affiliate Program.
Confidentiality
The Affiliate promises and agrees to hold any confidential information in strict confidence and trust for the sole benefit of the Company, both during the term of this Agreement and at all times thereafter, and shall not use such confidential information for any purpose, whether or not for consideration, business or personal, other than as may be reasonably necessary for the performance of its duties according to this Agreement, without the Company’s prior written consent.
Miscellaneous
This Affiliate Agreement shall be governed by and interpreted in accordance with the laws of England and Wales without regard to the conflicts of laws and principles thereof.
This Affiliate Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.
If any provision of this Affiliate Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary, and the remainder of this Affiliate Agreement shall have full force and effect.
The Affiliate Agreement is an electronic contract that sets out the legally binding terms of your participation in the Muscle Moose Affiliate Program. You indicate your acceptance of this Affiliate Agreement and all of the terms and conditions contained or referenced in this Affiliate Agreement by completing the Affiliate Program application/signup process. This action creates an electronic signature that has the same legal force and effect as a handwritten signature.
Indemnification
The Affiliate hereby agrees to indemnify and hold harmless the Company, its subsidiaries and affiliates, and their directors, employees, agents, partners, and other owners, against any claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable legal 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:
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.
Any claim related to the Affiliate’s site, including, without limitation, its development, operation, maintenance, and content therein not attributable to the Company.
Any misrepresentation of a representation or warranty or breach of a covenant and agreement made by the Affiliate herein.
