HAK Nutrition - HAK Hero Program Rules
It is vital that every HAK Hero adhere to the highest possible standards of Ethical & Legal Conduct during this promotion.
Tracking is by coupon code - last coupon code used gets credit for the sale unless a prior Hero association is already in place. Meaning that any customer that makes a purchase through your Hero referral code will be associated to you as a customer, so long as that customer is not associated to The Company or another Hero from a prior purchase.
The Federal Trade Commission has recently more clearly defined best practices for Hero marketers, and it is our position that all Heros of HAK Nutrition must use these guidelines and regulations as Standard Operating Procedure during their endorsement or promotion.
Step 1 - Download and Review the FTC Document for Endorsement Guidelines: http://ftc.gov/os/2009/10/091005revisedendorsementguides.pdf
Step 2 - In addition to the FTC Guidelines, please observe the following Best Practices: When you promote, make sure you:
** Include your relevant Privacy Policies on sites that you are promoting HAK Nutrition with.
** Include your Terms of Service on sites that you are promoting HAK Nutrition with.
** Include your Forward Looking Earnings Statements on sites that you are promoting HAK Nutrition with.
** Do not spam (Do NOT send junk or unqualified traffic to this offer)
** Don't Twitter spam or Social Media Spam
** Don't misrepresent yourself as a "typical result" or as a "typical customer" when you promote products
** Be transparent and authentic – We'll treat your customers with MASSIVE RESPECT!
NOTE: If the only purpose in joining this Hero program is to get a commission on a sale for Personal USE of HAK Nutrition, that's not cool. We do track and reconcile every sale – and in cases where an Hero only has a single sale to themselves, points will NOT be awarded on that sale. That's simply NOT FAIR to the Heroes who have promoted in good faith only to have one of their prospects join the Hero program to get their own commission and cut the original Hero out.
Terms & Conditions:
HAK Nutrition (hereinafter referred to as “The Company”) HAK Hero Agreement
This Agreement contains the complete terms and conditions that apply to your participation as a Hero in the HAK Hero Program of The Company, and the establishment of a coupon code to use our website https://HAKNutrition.com
1. Enrollment in the Hero Program
First, you need to submit a complete HAK Hero Program Application. We will evaluate your application and will notify you of your acceptance or rejection in 5 to 7 business days. We may reject your application if we determine (at our sole discretion) that your site is unsuitable for the HAK Hero Program for any reason. If we reject your application, you are welcome to reapply to the HAK Hero Program at any time.
2. Prohibited Sites/Verbiage
Hero agrees to not utilize SPAM in promoting The Company. This action will result in the immediate termination of Hero account with a cancellation of any pending commissions. Hero will also be in violation of The Company’s HAK Hero Agreement and subject to legal action and be held liable for any financial loss incurred by The Company. Any service interruptions to The Company’s website as a result of Heroes spamming will be billed to Hero at 500 U.S. dollars per hour until service is restored. For the purpose of this agreement SPAM is defined as emailing ANYONE, in bulk or by single mailing, about The Company, who has not specifically requested the information directly from Hero. The ONLY exceptions to this are:
Mailing to APPROPRIATE OPT-IN mailing lists where the source does the mailing on Hero's behalf. However, use extreme caution when choosing an opt-in mailing list company! Using anything but the most reputable sources could generate spam complaints against Hero resulting in suspension or termination.
You may include information on The Company in email Acknowledgement Messages for orders and inquiries that you receive so long as it is stated upfront that you will be sending them an acknowledgement.
The Company also considers ANY type of advertisement about The Company posted to a Newsgroup or Chat Room not run by the Hero to be spam.
4. Promotion of Our Hero Relationship
As a Hero, we will make available to you a referral discount code, which, subject to the terms and conditions hereof, you may display as often and in as many areas on your site as you desire. The referral code will serve to identify you as a member of our HAK Hero Network.
5. PPC Bidding Rules
TM and TM + Keyword are restricted: (HAK Nutrition, Pre HAK, Post HAK, and all other HAK Nutrition products).
PPC is only allowed on generic terms.
6. Our Responsibilities
We will be solely responsible for processing every order placed by a customer following the Hero special referral code, for tracking the volume and amount of sales generated by your referral code, and for providing information to Heroes regarding sales statistics. We will be responsible for order entry, payment processing, shipping, cancellations, returns, and related customer service.
7. Other Responsibilities and Opportunities of Hero Sites
If you qualify and agree to participate as a HAK Hero, you shall display Links prominently throughout your social media as you see fit and with our consent.
Contests and Promotions:
As a Hero, you will be entitled to participate and promote on your sites any sweepstakes, contests, and special promotions we may offer. In addition, you will be entitled to earn commissions as set forth.
Only offers and promotional tools provided explicitly by The Company for use on a Hero site are valid.
The unauthorized use of promotional offers taken from another website is strictly forbidden and may result in the termination of this agreement.
Compliance with the Agreement:
We have the right in our sole discretion to monitor your site at any time and from time to time to determine if you are in compliance with the terms of this Agreement.
We will monitor for FTC compliance to ensure disclosures are adequately added. Please ensure compliance by following the guidelines set by the FTC.
8. Reports of Sales
Points will be reported monthly and distributed by the 10th of each calendar month. More frequent reports must be requested by the Hero and will be responded on a case-by-case basis by the Company.
9. Your Responsibilities
You are solely responsible for ensuring that reviews, descriptions, and articles on your site comply with applicable copyright, FTC disclosure and other laws. You must have express permission to use another party’s copyrighted or other proprietary material. We are not responsible for violations. For additional information on expectations around FTC disclosure please visit the FTC website.
10. Policies and Pricing
Customers who buy The Company’s products through the HAK Hero Program will be deemed to be customers of The Company. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for our products sold under the HAK Hero Program in accordance with our own pricing policies. Our prices and product availability may vary from time to time. Because price changes may affect products that you already have listed on your site, you should update pricing often or not include price information in your product descriptions.
You shall not create, publish, distribute, or permit any written material that makes reference to us without first submitting such material to us and receiving our written consent, which we agree shall not be unreasonably withheld.
12. Licenses and Use of the The Company’s logos and Trademarks
WE GRANT YOU A NON-EXCLUSIVE, NON-TRANSFERABLE, REVOCABLE RIGHT TO (i) ACCESS OUR SITE THROUGH THE LINKS IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT AND (ii) SOLELY IN CONNECTION WITH SUCH LINKS AND UNDER THE CONDITIONS PROVIDED FOR HEREIN, TO USE OUR LOGOS, TRADE NAMES, TRADEMARKS, AND SIMILAR IDENTIFYING MATERIAL RELATING TO US (COLLECTIVELY, THE "LICENSED MATERIALS"), FOR THE SOLE PURPOSE OF SELLING PRODUCTS ON YOUR SITE FOR THE COMPANY. YOU MAY NOT ALTER, MODIFY, OR CHANGE THE LICENSED MATERIALS IN ANY WAY WITHOUT WRITTEN PERMISSION. YOU ARE ONLY ENTITLED TO USE THE LICENSED MATERIALS WHILE YOU ARE A MEMBER IN GOOD STANDING OF THE Hero PROGRAM.
You shall not make any specific use of any Licensed Materials for purposes other than selling products on your site for The Company, without first submitting a sample of such to us and obtaining the prior written consent of The Company’s HAK Hero Program Manager, which shall not be unreasonably withheld. We reserve all of our rights in the Licensed Materials and of our other proprietary rights. We may revoke your license at any time, by giving you written notice.
13. Lifetime Association
Any customer that makes a purchase through your Hero site will be associated to you as a customer, so long as that customer is not associated to The Company or another Hero from a prior purchase. If a HAK Hero is inactive in the Program for a period of 90 days, with no sales to new customers, The Company reserves the right to remove the customer lifetime association of all Hero customers and place that association directly with The Company.
14. Promotion through Google Shopping / Product Listing Ads are not allowed unless express permission is provided.
CONFIDENTIALITY & NON-DISCLOSURE AGREEMENT
The Company proposes to disclose certain of its confidential and proprietary information (the "Confidential Information") to Hero. Confidential Information shall include all data, materials, products, production methods, proprietary vendors, technology, computer programs, specifications, manuals, business plans, software, marketing plans, financial information, training materials and other information disclosed or submitted, orally, in writing, or by any other media, to Hero by The Company. All Information disclosed orally shall be considered Confidential Information, unless identified as non-confidential by The Company at the time of disclosure. Nothing herein shall require The Company to disclose any of its information.
Hero agrees that any Confidential Information disclosed by The Company will not be shared with others in person, by email, or through social media. Hero agrees that Information sent to Hero from The Company will not be photographed, recorded or reproduced in any way on social media. This includes but is not limited to Hero training material, e-mail correspondence, written correspondence.
Hero agrees that the Confidential Information is to be considered confidential and proprietary to The Company and Hero shall hold the same in confidence, shall not use the Confidential Information other than for the purposes of its business with Company, and shall disclose it only to its officers, directors, or Hero with a specific need to know and only disclosed as instructed by The Company. Hero will not disclose, publish or otherwise reveal any of the Confidential Information received from The Company to any other party whatsoever except with the specific prior written authorization of The Company. Hero shall not duplicate confidential Information furnished in tangible and non-tangible form except for purposes of this Agreement. Upon the request of The Company, Hero shall return all Confidential Information received in written or tangible form, including any information, copies, or reproductions, within fifteen (15) days of such request. If the Hero discloses, publish, or otherwise reveal any information, media, or ideas, the Hero agrees to pay $5,000 US dollars to Company as and for liquidated, estimated and stipulated damages, to be paid within thirty (30) calendar days. At Hero's option, Hero may destroy any documents or other media developed by the Hero containing Confidential Information. Hero shall provide a written certificate to The Company regarding destruction within ten (10) days thereafter.
The obligations of Hero herein shall be effective indefinitely from the date that the Hero Agreement between The Company and Hero terminates. Further, the obligation not to disclose shall not be affected by bankruptcy, receivership, assignment, attachment or seizure procedures, whether initiated by or against Hero, nor by the rejection of any agreement between The Company and Hero, by a trustee of Hero in bankruptcy, or by the Hero as a debtor in possession or the equivalent of any of the foregoing under local or federal law.
This Agreement shall be governed and construed in accordance with the laws of the United States and the state of Minnesota; in the event of any conflict, the law of Minnesota will govern. Hero consents to the jurisdiction of the Circuit Court for Carlton County Minnesota and the corresponding U.S. District Court for any dispute arising out of this Agreement. Hero agrees that in the event of any breach or threatened breach by Hero, The Company may obtain, in addition to any other legal remedies which may be available, such equitable relief as may be necessary to protect The Company against any such breach or threatened breach and reimbursement of The Company's attorneys' fees and costs.
Hero may not at any point disclose any sales, financial figures, cost or profit with anyone within The Company or outside of it without written consent of The Company. This is included but not limited to sales figures, sales tracking methods, customer counts, company growth, incentive programs, sales contests or events. Disclosing such information to another Hero or an external party will be considered a material breach of this Agreement and subject the Hero to damages, injunctive relief and reimbursement of The Company's attorneys' fees and costs.
SALES REPRESENTATIVE AGREEMENT
The Company is in the business of formulating, manufacturing, marketing, and selling of nutritional products, supplements and branded apparel and accessories. Hero is in the business of marketing and promoting products of The Company. The Company and Hero desire to enter into a business relationship subject to the terms and conditions set forth below.
The Company engages Hero, and Hero agrees to be engaged, to The Company. The term of this Agreement shall commence on the date herein above and shall continue through its termination. Either party may terminate this Agreement without cause. Hero agrees to provide thirty (30) days’ advance written notice of termination. The Company may terminate this Agreement without advance notice. Hero acknowledges that he/she is an independent contractor and that no employer-employee relationship, join venture, partnership or agency relationship is created by this Agreement.
Hero agrees not to directly or indirectly compete with the businesses of The Company and its subsidiaries and Heroes, to include, but not limited to HAK Nutrition Inc., during the term of this agreement for a period of two (2) years following termination of this Agreement within the Territory and notwithstanding the cause or reason for the termination of this agreement.
The term “non-compete” as used herein shall mean that the Hero shall not own, manage, operate, consult with, officially represent, or be employed by or in a business substantially similar to or competitive in any way with the business of The Company, its subsidiaries, Heroes, or such business activity in which the Company may substantially engage during the term of this agreement and for a period two (2) years following this agreement.
Non-Solicitation of Customers:
Hero agrees not to solicit or attempt to solicit, directly or indirectly, for any purpose that is not in the interest of The Company, any customers of The Company with which Hero had any contact during the term of this Agreement, whether or not the customer is located within the Territory, during the term of this Agreement and for a period of two (2) years following termination of this Agreement, and notwithstanding the cause or reason for the termination of this Agreement. Hero agrees that The Company has good will among its customers. Hero agrees that the temporal restrictions of this provision are reasonable.
This Agreement is binding upon, and in-turn, to the benefit of the parties, their successors, subsidiaries, Heroes, and personal representatives.