Last modified: November 20, 2019
As an authorized affiliate (Affiliate) of 21 Day Hero, you agree to abide by the terms and conditions contained in this Agreement (Agreement). Please read the entire Agreement carefully before registering and promoting 21 Day Hero as an Affiliate.
Your participation in the Program is solely to legally advertise our website and products to receive a commission on products purchased by individuals referred to 21 Day Hero by your own website, social media or personal referrals.
By signing up for the 21 Day Hero Affiliate Program (Program), you indicate your acceptance of this Agreement and its terms and conditions.
1.1. We reserve the right to approve or reject ANY Affiliate Program Application in our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Affiliate Program Application.
1.2. You may not create or design your website or any other website that you operate, explicitly or implied in a manner which resembles our website nor design your website in a manner which leads customers to believe you are 21 Day Hero or any other affiliated business.
1.3. As a member of 21 Day Hero’s Affiliate Program, you will have access to Affiliate Dashboard. Here you will be able to review our Program’s details and download your unique HTML code. 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 link you share.
1.4. 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.
2.1. 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 promotion campaign 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 that we feel are necessary, we reserve the right to terminate your participation in the 21 Day Hero’s Affiliate Program.
2.2. 21 Day Hero reserves the right to terminate this Agreement and your participation in the Affiliate Program immediately and without notice to you should you commit fraud in your use of the 21 Day Hero Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected, 21 Day Hero shall not be liable to you for any commissions for such fraudulent sales.
2.3. This Agreement will begin upon our acceptance of your Affiliate application, and will continue unless terminated hereunder.
The Affiliate may terminate the Affiliate’s participation in the Affiliate Program with immediate effect by giving the other party a written notice of termination.
21 Day Hero reserves the right to terminate the Affiliate’s participation in the Affiliate Program at any time for conduct that is in material breach of this Affiliate Agreement or for conduct that 21 Day Hero, in its sole discretion, deems to be harmful to its business or any third party.
Upon termination, the Affiliate will lose access to its Affiliate Dashboard and will forfeit all potential or unpaid Affiliate Fees.
21 Day Hero may, in its sole discretion, change or modify this Affiliate Agreement at any time, with or without notice. Such changes or modifications shall be made effective for all Affiliates upon posting of the modified Affiliate Agreement to this web page. The Affiliate is responsible for reading this document from time to time to ensure that its use of the Affiliate Program remains in compliance with this Affiliate Agreement.
If any modification is unacceptable to the Affiliate, its sole recourse shall be to terminate this Affiliate Agreement. The Affiliate’s continued participation in the Affiliate Program will constitute binding acceptance of such modifications.
21 Day Hero will provide the Affiliate with specific Referral Links to sales pages and other marketing content to 21 Day Hero’s website. 21 Day Hero will track users who have visited these Referral Links using cookies which expire after 90 days. Only users who make a purchase while the cookie is active will be considered referrals of the Affiliate and recorded as such in the Affiliate Dashboard.
The Affiliate is not authorized to modify or alter the Referral Links or the cookies in any way. 21 Day Hero is not responsible for any tracking or reporting errors that may result from any modifications to the Referral Link or the cookies.
A referral will become eligible for payout (“Eligible Referral”) at the beginning of each calendar month if it meets all of these criteria:
Failure to meet any of these criteria will permanently void the referral and disqualify the referral from any potential payouts.
The Affiliate is entitled to receive a 30% commission for each active Eligible Referral that is recorded in the Affiliate Dashboard (“Affiliate Fee”). Affiliate Fees will be payable once a month, or as agreed bilaterally.
The Affiliate is responsible for providing 21 Day Hero with the full and accurate details that are required to remit the Affiliate Fees, and is solely responsible for any delays in payment resulting from its failure to do so.
Referrals will become void, and any unpaid Affiliate Fees will be forfeited, after 12 calendar months.
In the event of any activity deemed suspicious by 21 Day Hero, 21 Day Hero may delay the payment of Affiliate Fees by up to 6 calendar months to verify the relevant transactions. 21 Day Hero reserves the right to recalculate, void, or disqualify any referrals or Affiliate Fees in the event of any fraudulent, deceptive or otherwise illegal activity.
Referrals for purchases made through 21 Day Hero promotional or special offers are not eligible for payout.
You are free to promote your own websites, but naturally any promotion that mentions 21 Day Hero 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 21 Day Hero. 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), postings to non-commercial newsgroups and cross-posting to multiple newsgroups at once. 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 21 Day Hero 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 to promote 21 Day Hero so long as the news group specifically welcomes commercial messages. At all times, you must clearly represent yourself and your websites as independent from 21 Day Hero. 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 21 Day Hero Affiliate Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.
Affiliates that among other keywords or exclusively bid in their Pay-Per-Click campaigns on keywords such as 21 Day Hero, 21dayhero, 21dayhero.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 21 Day Hero’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.
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 21 Day Hero’s site (i.e., no page from our site or any 21 Day Hero’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, MSN, Yahoo, Overture, AltaVista, Hotbot and similar search or directory engines); (c) set commission tracking cookies through loading of 21 Day Hero site in IFrames, hidden links and automatic pop ups that open 21 Day Hero’s site; (d) targets text on websites, other than those websites 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 websites 100% owned by the owner of the application.
21 Day Hero and the Affiliate are independent contractors. Nothing in this Affiliate Agreement will create any partnership, employment, representative, agency, or joint venture relationship between the parties. The Affiliate has no authority to act on 21 Day Hero’s behalf.
The Affiliate Program is provided on an “as is” and “as available” basis and the use of the Affiliate Program is at the Affiliate’s own risk. 21 Day Hero makes no representations or warranties, either expressed or implied, with respect to the Affiliate Program, or any service or information provided through the Affiliate Program.
21 Day Hero is not responsible for any damages, injury or economic loss arising from the use of Affiliate Program. Should any part of the Affiliate Program cause damage or inconvenience to the Affiliate or anyone claiming through the Affiliate, the Affiliate assumes responsibility and the entire cost for them.
The Affiliate will indemnify and hold harmless 21 Day Hero, its directors, officers, employees, agents, subsidiaries, and third parties from and against any losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) arising out of or relating to the Affiliate’s or any third party’s operations or use of the Affiliate Program.
21 Day Hero will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate tracking failures, loss of database files, or any results of intents of harm to the Program and/or to our website(s).
We do not make any expressed or implied warranties with respect to the Program and/or products sold by 21 Day Hero. We make no claim that the operation of the Program and/or our website(s) will be error-free and we will not be liable for any interruptions or errors.
The Affiliate warrants and represents that it is over the age of 18 and is qualified to enter into this Affiliate Agreement.
The Affiliate warrants and represents that its actions and its participation in the Affiliate Program is in compliance with all applicable laws, rules, regulations, and any requirements of governmental authority at all times. 21 Day Hero reserves the right to terminate the Affiliate’s participation in the Affiliate Program if 21 Day Hero determines, in its sole discretion, that the Affiliate’s actions or its participation in the Affiliate Program is in violation of any laws, rules, regulations, or any requirements of governmental authority.
This Affiliate Agreement constitutes the entire understanding between 21 Day Hero and the Affiliate. This Affiliate Agreement supersedes any other contracts or understandings between the parties hereto and neither party shall be bound by any statements or representations that are not embodied in this Agreement.
Any dispute arising in relation to this Affiliate Agreement shall be exclusively resolved according to the Swiss law.