Affiliate Program Terms, Conditions, and Compensation Agreement
As an affiliate of Better Food Group IVS. you are joining forces with one of the most innovative ready-made meals companies in the world. Not only are we committed to providing the most delicious and convenient foods on the market, we are also committed to providing exceptional service to everyone we feed. With exceptional service comes extraordinary affiliates. As an affiliate of Better Food Group IVS. you are hand-picked to represent and uphold the values and mission of FITNESSBOKSEN Meals. This terms, conditions, and compensation agreement is grounds for the protection of you, the affiliate, Better Food Group IVS. and all future affiliates to ensure the same opportunity is equally available. Affiliates are expected to conduct business with the highest integrity while having the opportunity to earn income by selling Better Food Group IVS. top-quality meals.
To be an authorized affiliate of Better Food Group IVS. you agree to abide by the terms and conditions contained in this agreement. Please read this agreement carefully before registering and using the Better Food Group IVS. service as an affiliate. By signing up for the Better Food Group IVS. affiliate program, you indicate your acceptance of this agreement and its terms and conditions.
Section 1: Terms and Conditions of the Agreement Contract
1.0: Introduction
1.1 Policies and Terms within the Affiliation Agreement
Within the following terms, conditions, and compensation agreement (further known as “Agreement”), Better Food Group IVS. will further be defined as “FITNESSBOKSEN” and the FITNESSBOKSEN registered affiliates will be further defined as “Affiliate.” FITNESSBOKSEN reserves the right to amend the Agreement at any time. It is the duty of the Affiliate to read, understand, and adhere to the Agreement. An updated copy of the Agreement will be available via the Affiliate dashboard (the platform used by the Affiliate to create marketing campaigns). It is the duty of FITNESSBOKSEN to notify the Affiliate of any changes made to the Agreement. By adhering to the Agreement first posted at the time of joining the FITNESSBOKSEN Affiliate program, the Affiliate agrees to all future amendments or modifications made to the Agreement by FITNESSBOKSEN. Continuation of sales made by the affiliate after any modifications are made to the Agreement constitutes acceptance of the new amendments to the Agreement.
The purpose of the Agreement is to define the relationship between FITNESSBOKSEN and the Affiliates, set standards/expectations of each party, acceptable business practices of each party, and to support the Affiliate in their marketing and sales of FITNESSBOKSEN products. In the occurrence that an Affiliate violates the Agreement, suspension and/or termination may result at the sole discretion of FITNESSBOKSEN.
The affiliate agrees that the CAN-SPAM agreement is also considered part of the terms and conditions and will adhere to the terms and conditions of the CAN-SPAM as a contract within the Terms and Conditions of this Agreement.
1.2 The Agreement as a Contract
The terms, conditions, and compensation laid out under the Agreement serves as a contract between the Affiliate and FITNESSBOKSEN. As the contract between FITNESSBOKSEN and the affiliate, the Agreement stands above all other prior verbal or written agreements or contracts between the two parties. Under no circumstance should the Agreement be altered by a party other than FITNESSBOKSEN. The Agreement is uniform for all Affiliates and is not to be individualized or altered for one party in the interest of fairness to all Affiliates of the program. By agreeing to the Agreement with FITNESSBOKSEN, the Affiliate knowingly and willingly enters into a contract with FITNESSBOKSEN. FITNESSBOKSEN reserves its right to require acceptance of the Agreement or compliance of governing business conduct laws by the Affiliate for program eligibility. In the event that FITNESSBOKSEN fails to act against an Affiliate not complying with the terms of the Agreement, the instance does not waive the validity of the Agreement or waive FITNESSBOKSEN’s right to reinforce the Agreement.
1.3 Severable Clause
If any clause of the Agreement is found unenforceable under law or governing jurisdiction, the clause is only unenforceable until within that jurisdiction. Any unenforceable clause of the agreement under any jurisdiction is severable and does not invalidate any other part of the Agreement. Once a clause of the agreement has been found unenforceable, it is the duty of FITNESSBOKSEN to take action in updating the clause so that its intent falls within jurisdiction to the highest extent.
1.4 Communication and Notification
Any form of communication deemed necessary by the Agreement will be delivered to the Affiliate by the FITNESSBOKSEN affiliate program manager in a personal format via email, mail, phone, or any other form of communication in which the Affiliate made accessible to FITNESSBOKSEN. FITNESSBOKSEN still reserves the right to use any form of mass communication with registered Affiliates. Notice of record with FITNESSBOKSEN will be sent via email to the Affiliate. FITNESSBOKSEN continuously reserves the right to use usual forms of mass communication to deliver personal notice to the Affiliate. Any duty by FITNESSBOKSEN to provide notice of record to the Affiliate does not apply to future amendments to the Agreement which notice will be delivered through channels covered in section 1.1. It is the responsibility of the Affiliate to keep updated contact information on file with FITNESSBOKSEN.
2.0: Qualifying as an Affiliate of FITNESSBOKSEN
2.1 Defining an Affiliate
Within this agreement, anybody referred as “Affiliate,” “partner,” or “you” is anybody that has signed this Agreement with FITNESSBOKSEN and has been accepted by FITNESSBOKSEN as an Affiliate. Affiliates are independent marketers who utilize specialized links to promote FITNESSBOKSEN Meals to their friends, family and customers via their website or social media profile. In-return, affiliates are compensated with a commission on purchases made as a result of those marketing efforts.
2.2 Requirements of Becoming an Affiliate
Becoming an Affiliate begins with the online application process that can be found in the Affiliate area of www.fitnessboksen.dk. To apply, the applicant agrees that they are:
At least 18 years of age.
Live in a geographic location in which FITNESSBOKSEN conducts business (Denmark).
iii. Agreeing to all terms and conditions of this Agreement and upholding to the fullest extent.
Once an application is submitted, it is the duty of the FITNESSBOKSEN Affiliate program manager to review the application before acceptance of the Affiliate. Some qualifying points include:
Active social media presence and/or ownership of a website
Reputable and engaging content that supports the FITNESSBOKSEN Meals lifestyle
iii. Demonstration of knowledge of the FITNESSBOKSEN Meals products and services
The program manager reserves the right to review the applicant through but not limited to the applicant’s website, social media, clientele, and interviews held by the program manager. An Affiliate’s acceptance is ultimately decided by the moral judgement of the program manager or sales department of FITNESSBOKSEN. Acceptance into the program marks a signed Agreement between the Affiliate and FITNESSBOKSEN in which the Affiliate has read the Agreement and understands the Agreement to the fullest extent. FITNESSBOKSEN continuously reserves the right to deny any applicant to the program on any grounds.
2.3 Rights of the Affiliate
Upon the signing of the Agreement between FITNESSBOKSEN and the Affiliate, the Affiliate reserves the following rights within the program:
To participate in the sale of FITNESSBOKSEN products and services in return for commission drawn out by the compensation clause stated later within this Agreement.
To build a relationship with FITNESSBOKSEN, its employees, and fellow Affiliates in pursuit of great service and success within the FITNESSBOKSEN brand.
2.4 Affiliation Renewal
Every 12 months from the date of the Affiliate’s acceptance into the program, the program manager holds the duty of conducting a performance review of the Affiliate. Reviewable points of an Affiliate’s performance include but are not limited to:
Overall number of sales
Gross sales
Moments of inactivity equal to or longer than 120 days
The program manager reserves the right to take up to 5 business days to conduct the Affiliate’s performance review. By the end of the 5 business days, the program manager holds the duty of notifying the Affiliate on if their affiliation has been renewed or terminated. If the 5 businesses days after the 12 month anniversary of an Affiliate’s acceptance is up and the Affiliate has not yet been notified by the program manager of their renewal, yet the Affiliate still has access to his/her Affiliate dashboard, it is implied that the program manager has renewed the Affiliate on behalf of FITNESSBOKSEN. If the 5 businesses days after the 12 month anniversary of an Affiliate’s acceptance is up and the Affiliate has not yet been notified by the program manager of their renewal, and the Affiliate has lost access to his/her Affiliate dashboard, it is implied that the program manager has terminated the Affiliate on behalf of FITNESSBOKSEN.
Grounds of termination are ultimately decided through the digression of the program manager. FITNESSBOKSEN reserves the right to administer a performance review at any time. If an Affiliate is terminated, details of their termination can be discussed by contacting the program manager at info@fitnessboksen.dk. Once an Affiliate has been terminated, the Affiliate reserves the right to reapply after waiting at least 30 days after the date of termination.
3.0: Affiliate Profile Restriction
3.1 One Affiliation per Individual
An individual may only own and operate one Affiliation within the FITNESSBOKSEN affiliate program. The Affiliate may only create a new affiliation once the previous affiliation has been terminated by FITNESSBOKSEN or the Affiliate and a 30 day waiting period has taken place from the date of termination. If an Affiliate is found to be operating multiple Affiliations, the first Affiliation (oldest date of acceptance) will stand while the remaining Affiliations will be terminated without compensation. If an Affiliate is operating more than one Affiliation and the Affiliations deemed invalid have been collecting compensation for more than or equal to 30 days, it is to the discretion of FITNESSBOKSEN on the repercussion or to seek legal litigation. FITNESSBOKSEN reserves the right to terminate any and all Affiliations at any time.
3.2 FITNESSBOKSEN in Recognition of Married Affiliates
FITNESSBOKSEN will only recognize Affiliations run by an individual. The only acceptance to this clause is in the instance of married Affiliates. Any number of individuals (2 or more) found in operation of one Affiliation with FITNESSBOKSEN and are not legally bound in marriage is grounds for termination of the Affiliation to the discretion of FITNESSBOKSEN. An Affiliation may be operated by two individuals if in fact the two individuals are legally married. Married Affiliates may also operate separate Affiliations with FITNESSBOKSEN, however the married Affiliates must either operate one Affiliation or two separate Affiliations, but not both. If it is found that married Affiliates have not operated within the confines of the married Affiliates clause, repercussions as high as legal litigation may result as by the discretion of FITNESSBOKSEN. Application by married Affiliates for a joint operated Affiliation must only contain applicant information of the most qualified Affiliate for the FITNESSBOKSEN program. In the instance that two Affiliates become married after their time of Affiliation with FITNESSBOKSEN, the Affiliates will be allowed to continue operation of their Affiliation individually. If the newly married Affiliates wish to only operate one joint Affiliation, notification to FITNESSBOKSEN by BOTH Affiliates should take place within 7 business days of desired joint Affiliation. If the newly married Affiliates wish to only operate one joint Affiliation, the first Affiliation (oldest date of acceptance) will be the only affiliation recognized by FITNESSBOKSEN while the later will be terminated by FITNESSBOKSEN. Married Affiliates choosing to operate under one single Affiliation agree to be compensated as if the Affiliation was being run by one individual. No extra compensation will be given to married affiliates. All compensation made available to the joint operated Affiliation will be made available to the Affiliate of which the social security number is on file. Liability of married Affiliates operating an Affiliation jointly is equally shared between the two married Affiliates so that both Affiliates will be held responsible for all discrepancies. Married Affiliates, either operating a joint Affiliation, or operating separate Affiliations, are responsible for the actions of the other married Affiliate. FITNESSBOKSEN reserves the right to act against an individual or both married Affiliates for any actions by one of the married Affiliates, including legal litigation.
3.3 Affiliation in the Circumstance of Separation or Divorce
In the circumstance that married Affiliates are undergoing separation or divorce and still operate a joint Affiliation with FITNESSBOKSEN, FITNESSBOKSEN will continue to compensate the Affiliate whose social security number is on file until FITNESSBOKSEN receives one of the following notifications:
A copy of court order/decree stating legal separation or divorce.
Notification by BOTH Affiliates to FITNESSBOKSEN stating legal separation or divorce.
Such notification is only necessary in the circumstance that married Affiliates were operating a joint Affiliation with FITNESSBOKSEN. Notification must be made via email to info@fitnessboksen.dk. Upon notification, FITNESSBOKSEN will terminate the joint Affiliation. Both married Affiliates are instantly eligible to become Affiliates of separate Affiliations with FITNESSBOKSEN. Instantly eligible Affiliates must still apply to the FITNESSBOKSEN Affiliation program.
Married Affiliates operating separate Affiliations with FITNESSBOKSEN may continue to operate separate Affiliations upon the circumstance of legal separation or divorce. FITNESSBOKSEN has no right to terminate separate Affiliations due to legal separation or divorce, favoring one party over the other.
3.4 Who May be Affiliates of FITNESSBOKSEN
Applicants in the name of an individual or corporation should be accepted into the FITNESSBOKSEN Affiliation program. Once accepted, Affiliates may not create a business, corporation in sole distribution of FITNESSBOKSEN Products and Services.
Institutions or corporations may apply for the FITNESSBOKSEN Affiliate program in the legal name of the corporation. Upon application, the applicant must submit, via email to info@fitnessboksen.dk, a letter of approval from Board-, C-, or VP- level staff of the applying institution for representation of the institution within the FITNESSBOKSEN Affiliate program. The acceptance of a corporation as a Corporate Affiliate is defined by and to the sole discretion of FITNESSBOKSEN. If FITNESSBOKSEN is to find the representative/institution unfit for corporate type of Affiliation, FITNESSBOKSEN reserves the right to deny the applicant for any reason.
4.0: Affiliate Ethics, Conduct, and Assumption of Risk (Listed under CAN-SPAM)
5.0: Buying and Selling FITNESSBOKSEN Products
5.1 Affiliates Ordering FITNESSBOKSEN Products
Affiliates may order FITNESSBOKSEN products and services directly from FITNESSBOKSEN and may pay for the orders only with a debit or credit card on the FITNESSBOKSEN website. To order FITNESSBOKSEN products and services, an Affiliate must order online at www.fitnessboksen.dk. For frequently asked questions such as hours of operation and pricing, visit www.fitnesseokbsen.dk. Once an order has been entered, it is final and cannot be changed.
5.3 Shipping
When FITNESSBOKSEN products are shipped, they incur shipping and handling charges to be decided on by the contract between FITNESSBOKSEN and the shipping provider. See www.fitnessboksen.dk or call the FITNESSBOKSEN corporate office for current shipping rates and information.
Failure to notify FITNESSBOKSEN of any shipping discrepancy or damage within 14 days of shipment will nullify the Affiliate’s right to have FITNESSBOKSEN assist in the correction of the incident. If an order must be rerouted to a different shipping address, it will be done at the expense of the Affiliate. Please call FITNESSBOKSEN at (888)610-6285 to speak to customer service about any shipping discrepancies.
5.4 Acceptable Payments and Insufficient Funds
FITNESSBOKSEN will only accept payment from the website (www.fitnessboksen.dk) in the form of debit or credit card. All cards will be charged in the form of credit. FITNESSBOKSEN holds no financial responsibility for debit/checking accounts over drafted from a purchase placed with FITNESSBOKSEN. Payment in the form of cash is only acceptable at the FITNESSBOKSEN storefront.
5.5 Compensation Periods
Since all commission payouts are clear and outright, there will be 12 pay periods per year. Commissions will be paid out starting the second Tuesday of each month. FITNESSBOKSEN reserves the right to have up to 5 business days to complete full commission payouts to all registered Affiliates. There is only one commission payout per month.
5.6 Selling Products
Only FITNESSBOKSEN employees or Affiliates may sell FITNESSBOKSEN products and services. Products can only be sold through the Affiliate’s direct and unique URL to the FITNESSBOKSEN website. Affiliates must be at least 18 years of age and may not sell FITNESSBOKSEN products and services to minors.
5.7 Non-Eligible or Unauthorized Sales
The guidelines of this clause have been written to both protect the reputation of FITNESSBOKSEN, as well as the financial safety of the customer. Sales in which the Affiliate is not eligible for commission or in which FITNESSBOKSEN may retract commission include but are not limited to:
Unauthorized payment methods; all payments must be made through the FITNESSBOKSEN website. Any sales made outside of the official FITNESSBOKSEN website or in person are unauthorized sales and therefore non-eligible for commission.
Other websites or auction sites; unless specialized permission has been granted to a partner of FITNESSBOKSEN, no FITNESSBOKSEN products or services will be made available for purchase through other ecommerce carts or put up for auction anywhere on the internet or in person. If any FITNESSBOKSEN products or services are found through these channels for purchase, FITNESSBOKSEN cannot guarantee the product is made by FITNESSBOKSEN, fresh, safe, or free from tampering.
iii. Directly from social media or personal websites; Affiliates are not permitted to sell FITNESSBOKSEN products and services directly through channels of social media or personal websites. FITNESSBOKSEN does permit and advocate, however, the use of these channels for banners and other marketing materials to be directly linked with the FITNESSBOKSEN website and track sales by the Affiliate.
Supplying products to be sold by unauthorized individuals or in an unauthorized way; Only Affiliates, partners, and employees of FITNESSBOKSEN reserve the right to offer FITNESSBOKSEN products and services.
Affiliates agree to all provisions and parts of this clause. The Affiliate agrees that if a violation to this clause is found, FITNESSBOKSEN reserves the right to terminate the Affiliate from the program as well as return all commissions paid to the Affiliate (both authorize and unauthorized) during the time period in which any unauthorized sales have been made. Once an Affiliate has been subject to review, the Affiliate recognizes the time needed to distinguish between legitimate and illegitimate sales, therefore the Affiliate agrees that forfeiture of commissions is appropriate. The affiliate also agrees that FITNESSBOKSEN is entitled to recover attorneys’ fees related to the investigation of a breach of Agreement as well as recovery of any commissions earned during the time frame of such breach.
5.8 Compensation Manipulation
FITNESSBOKSEN strictly monitors all Affiliates for conduct or actions which may be perceived as manipulation of the compensation plan for the purpose of qualifying for commissions, bonuses, incentives, or advancement through the compensation plan. Some conduct or actions prohibited by FITNESSBOKSEN include but are not limited to purchasing FITNESSBOKSEN products and services through an Affiliate’s own unique URL (the program used should block such an attempt anyway), and placing or encouraging the placement of orders under customer accounts through fraudulent means.
If an Affiliate is determined to have violated any part of this clause at the discretion of FITNESSBOKSEN, action against the Affiliate may take place by FITNESSBOKSEN including but not limited to suspension or termination. Any compensation, incentive, or upwards ranking in the compensation plan will be forfeited by the Affiliate. FITNESSBOKSEN reserves the right to deduct compensation and adjust qualifications whenever deemed necessary.
6.0: Refunds, Exchanges, and Cancellations
6.1 FITNESSBOKSEN Refund/Return Policy
Although customer satisfaction is second only to the quality of food provided, FITNESSBOKSEN does not administer refunds for food if the customer decides they do not like the taste of the food. FITNESSBOKSEN recognizes the importance of keeping food fresh and at a safe temperature during transit to the customer. If food arrives to the customer warm, a refund for the food is warranted. A customer has 10 calendar days from the date of purchase to report incidents in which they may be refunded for their purchase. Refunds will always be based on the retail price of the item or service, sales tax, and shipping costs and will always be administered by FITNESSBOKSEN in the form of store credit or credited to the customer’s card used.
Any non-perishable products or services provided by FITNESSBOKSEN are refundable for up to 30 calendar days from the date of purchase. Refunds will be submitted once the customer has return shipped the items to the FITNESSBOKSEN corporate office. Upon receiving the returned items, FITNESSBOKSEN reserves the right to take up to 3 business days to administer the refund to the customer. If in the instance a customer requests a replacement product, FITNESSBOKSEN reserves the right to take up to 30 days from the date the old product arrives at the FITNESSBOKSEN corporate office to ship out the replacement item. Replacements only pertain to non-perishable FITNESSBOKSEN products and services.
6.2 Customer Order Cancellation
A customer reserves the right to cancel an order without penalty by 12, noon EST the day after the order was placed. If the customer does not cancel the order by 12 noon the day after the order was placed, then the customer remains liable for payment of the FITNESSBOKSEN products and services. Following a cancellation, FITNESSBOKSEN reserves the right to take up to 10 business days to refund the canceled order. If the order has already been shipped to the customer, the order cannot be cancelled for any reason. To cancel an order, the customer must contact FITNESSBOKSEN directly at www.fitnessboksen.dk, info@fitnessboksen.dk, or by calling FITNESSBOKSEN at (888)610-6285.
6.3 Compensation in the instance of refunds, returns, or cancellations
If a customer requests a refund, return, or cancellation, the commission from the sale will automatically become declined. Replacement products will also cancel a commission to the Affiliate. If one part of the order is refunded, returned, replaced, or cancelled then the entire order will become ineligible for compensation to the Affiliate. Refunds, returns, replacements, and cancellations can only be done by the customer by contacting FITNESSBOKSEN directly. Affiliates may not refund, return, replace, or cancel any orders for the customer.
7.0: Affiliate Advertising and Marketing of FITNESSBOKSEN Products and Services (Listed within CAN-SPAM)
8.0: Disciplinary Action and Discrepancy Resolutions
8.1 Notice of Disciplinary Action
If necessary disciplinary action is administered by FITNESSBOKSEN to an Affiliate, the effective date is that in which FITNESSBOKSEN sends notice to the Affiliate. Such notice will be send to the mailing address and/or email address of the record.
8.2 Forms of Disciplinary Action
This Agreement between the Affiliate and FITNESSBOKSEN is to ensure the integrity of FITNESSBOKSEN product sales, product claims, income of the Affiliate, and to protect the business opportunity for all Affiliates. Violations of the Agreement will be taken serious and may subject the Affiliate to disciplinary action at the discretion of FITNESSBOKSEN. FITNESSBOKSEN reserves the action of counseling the Affiliate to adhere to the Agreement, however situations may subject the Affiliate to more severe disciplinary action including, but not limited to:
Legal Hold: the period of time the Affiliate’s account is on hold during the investigation of policy violations. During this time, the Affiliate is not allowed to sell products or be eligible for commission or compensation. FITNESSBOKSEN agrees to investigate the matter in a reasonable amount of time and agrees to release the hold immediately once the Affiliate has been found in good faith and no further disciplinary action is needed. Compensation earned or withheld during the Legal Hold period is forfeited and may be retained by FITNESSBOKSEN during the investigation. If the Affiliate is found not at fault, the compensation can be returned to the Affiliate upon request.
Probation: the period of time in which the Affiliate is not in good standing with FITNESSBOKSEN. Normal business as an Affiliate of FITNESSBOKSEN may continue, however the Affiliate forfeits the right to represent FITNESSBOKSEN at any events while under probation. Affiliates also forfeit any incentives posted by FITNESSBOKSEN during the probation period for Affiliates to use in their marketing efforts. It is the discretion of FITNESSBOKSEN to decide what rights of the Affiliate will be withheld during the probationary period.
iii. Suspension: the period of time in which an Affiliate’s account is frozen and all rights to conduct FITNESSBOKSEN business, to earn commission/compensation, and to earn incentives are revoked. Withheld compensation will be forfeited and may be retained by FITNESSBOKSEN.
Termination: the complete cancellation of the Affiliate’s account with FITNESSBOKSEN as well as the Agreement between the Affiliate and FITNESSBOKSEN. This revokes the Affiliate’s rights to conduct business with FITNESSBOKSEN and to receive any further compensation before or after the termination date. Upon termination, the Affiliate must surrender all representation of FITNESSBOKSEN or listing themselves as an Affiliate.
FITNESSBOKSEN reserves the right to seek disciplinary action at any time, whether it be with or without prior notice of such action. Upon disciplinary action, all compensation will be forfeited to FITNESSBOKSEN. FITNESSBOKSEN reserves the right to return damages and pursue legal litigation for violations of this Agreement.
All forms of disciplinary action will go into effect upon the date FITNESSBOKSEN sends notification to the Affiliate. Legal Holds, as the most minor form of disciplinary action, are the exception and will not need notification for such action. All notifications will be emailed/mailed to the affiliate at the addresses on file with the FITNESSBOKSEN Affiliate/Sales department.
8.3 Appeal Procedures
All Affiliates reserve the right to appeal the withholding of compensation, probation, suspension, or termination by sending a written explanation to FITNESSBOKSEN via email at info@fitnessboksen.dk addressing why the disciplinary action is unjustified. Appeals will only be considered is received within 30 calendar days from the notice of disciplinary action. FITNESSBOKSEN agrees to review all accepted appeals within a timely manner.
8.4 Pre/Post-Cancellation Slander
All Affiliates or former Affiliates agree to not slander or attack FITNESSBOKSEN, employees of FITNESSBOKSEN, sponsors of FITNESSBOKSEN, or other Affiliates of FITNESSBOKSEN during a period of disciplinary action, as well as for a period of 1 calendar year following the conclusion of the Affiliation. This clause shall survive termination of the Agreement.
8.5 Post-Termination Reapplication
If in the event FITNESSBOKSEN terminated an Affiliate and their association with FITNESSBOKSEN and the Affiliate seeks to become an Affiliate again, that individual must wait 12 calendar months from the date of termination to be considered for reapplication. To reapply, the individual must submit a letter to FITNESSBOKSEN via email at info@fitnessboksen.dk. It is to the discretion of FITNESSBOKSEN whether or not to allow the individual to once again become an Affiliate. The former Affiliate, if accepted, will have no right to their former account and must start a new Affiliation with FITNESSBOKSEN.
8.6 Liability
Under law to the highest extent, neither FITNESSBOKSEN nor any FITNESSBOKSEN offices, directors, managers, employees, agents, or Affiliates shall be liable to any Affiliates or anyone else for any indirect, consequential, incidental, special, or punitive damages that arise out of the Agreement or relate to the Agreement. Included in this clause is, but not limited to alleged damages related to delays or failures with regard to ordering, delivery, or quality of FITNESSBOKSEN products. Also included is, but not limited to the payment or non-payment of compensation and any information provided by FITNESSBOKSEN to Affiliates, included Affiliates, Affiliate lists and earnings, and other similar information. FITNESSBOKSEN nor anybody working for or Affiliated with FITNESSBOKSEN shall be liable under any theory for any condition or circumstance caused by force majeure, including but not limited to strikes, labor difficulties, riots, war, fire, natural disasters, death, curtailment/interruption of source supply, or government decrees or orders.
8.7 Mandatory Arbitration and Dispute Resolution
Except as may be provided otherwise by the Agreement, any claim or controversy arising out of or relating to the Agreement, whether such claim arises in tort, contract, equity, or otherwise, shall be resolved by FITNESSBOKSEN or by binding and confidential arbitration administered by an arbitration service chosen by FITNESSBOKSEN. Arbitration will be in accordance with the existing commercial arbitration regulations before a single arbitrator. Affiliates hereby waive their rights to trial by jury or by any court except as expressly provided herein. The hearing shall occur not later than 180 calendar days from the date the demand for arbitration was made. Absent agreement by the parties or extraordinary circumstances, with a judgement on the award entered within 30 calendar days after the conclusion of the hearing. The arbitration should be conducted in Bergen County, New Jersey, which shall be the exclusive location of the arbitration. Judgement, however of the award may be entered in any court having jurisdiction thereof. Each part to the arbitration proceeding shall be entitled to no more than 20 requests for production, 10 interrogatories, and 5 depositions. All responses to requests for production and interrogatories are due within 10 days from the date they are served. All documents must be provided within 3 days after the responses to requests for production are due. The foregoing discovery limitations and deadlines may be modified or expanded at the discretion of the arbitrator for good cause shown. The arbitrator has the discretionary authority to award the costs of the arbitration, the arbitrator’s fees, and any reasonable and necessary attorneys’ fees incurred in the connection with a dispute resolved in favor of the prevailing party. The costs of initiating the arbitration shall be borne by the party initiating arbitration, with all remaining costs and fees split equally between the parties up through issuance of a final award. Without giving effect to any choice of law analysis, the parties agree the Agreement, and any matter arising out of or relating to or involving the Agreement that is submitted to arbitration, will be governed by the laws of the state of New Jersey and in accordance with U.S.C.A., Title 9, United States Arbitration Act (The “FAA”)
Unless otherwise stipulated by all parties thereto, the parties and the arbitrator shall maintain the confidentiality of the arbitration proceedings and shall not disclose to any third part the substance of, or basis for, the controversy, dispute, or claim; the substance or content of any settlement offer or settlement discussions or offers associated with the dispute; the pleadings, or the content or any pleadings, or exhibits thereto, filed in any arbitration proceeding; the content of any testimony or other evidence presented at an arbitration hearing or obtained through discovery in an arbitration; the terms or amount of any arbitration award; and the rulings of the arbitrator on any procedural and/or substantive issues involved in the case. The parties further agree that no arbitrator has the authority to award relief in excess of what this agreement provides, award consequential or punitive damages or any other damages not measured by the prevailing party’s actual, direct damages, or order consolidation or class arbitration, consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Notwithstanding the foregoing, nothing in these policies or the contract shall prevent FITNESSBOKSEN from applying to and obtaining from any court having jurisdiction a write or attachment, temporary restraining order, preliminary or permanent injunction, relief pursuant to New Jersey rule of civil procedure 202, or other equitable relief to safeguard and protect FITNESSBOKSEN’s interests and rights at any time prior to, during, or following the filing of any arbitration proceeding. The institution of any action for equitable relief under this provision or to enforce an award or order shall not constitute a waiver of the right or obligation of any party to submit all claims to arbitration.
If any Affiliate initiates litigation outside of arbitration in violation of the provisions of this section, and upon demand by FITNESSBOKSEN fails to submit the matter to arbitration, the Affiliate shall be liable to FITNESSBOKSEN for all costs, expenses, and attorney’s fees incurred in compelling arbitration of the matter.
This section shall inure to the benefit of FITNESSBOKSEN and all of its Parents, Subsidiaries, Affiliates, Employees, Attorneys, Successors, and Assigns, any of whom shall be entitled to invoke or seek enforcement of these provisions and shall cover all claims asserted against any of them that arise out of or relate to the Agreement
To the extent this arbitration provision or any portion thereof is determined to be in violation of or unenforceable to any extent under any state or federal law, the parties agree that such provision or portion is severable and may be reformed to be consistent with applicable law and to effectuate to the maximum extent possible the original terms and intent of this provision.
8.8 Governing Law, Jurisdiction, and Venue
The Agreement, its interpretation and enforcement, and all claims arising out of or relating to the Agreement, whether asserted in law or equity, contract-based, tort-based, or otherwise, and including substantive claims or defenses asserted within any arbitration proceeding, shall be governed by the laws of the State of New Jersey without regard to choice of law or conflicts of law principles. Procedural matters in any arbitration proceeding shall be governed by the FAA and, unless otherwise conflicting with the FAA, the TAA. Mandatory and exclusive jurisdiction and venue of any claim, dispute, matter, controversy, or action between FITNESSBOKSEN and any Affiliate(s) that is not subject to arbitration shall be in the courts of Bergen County, New Jersey and/or the United States District Court, Northern District of New Jersey, to the exclusion of all other venues and forums, and Affiliate(s) hereby waives any and all objections to such venue, including personal jurisdiction and forum non conveniens. The institution of an action or proceeding by an Affiliate against FITNESSBOKSEN in another venue or forum in violation of this provision shall be a material breach of the Agreement accusing FITNESSBOKSEN irreparable harm, and the Affiliate agrees and stipulates that FITNESSBOKSEN shall be entitled to temporary, preliminary, and permanent anti-suit injunctive relief to enforce this provision.
9.0: Disposition of an Affiliation – Death and Inheritance
9.1 Passing on Your Affiliation
An Affiliate may choose to pass their Affiliation with FITNESSBOKSEN on to an heir or beneficiary in the event of their death or incapacitation in a valid will or testamentary document. An Affiliation does not automatically pass down to an Affiliate’s heirs without it being expressly written in a valid will or other testamentary document. Instead, all Affiliations that are not included in a valid will or testamentary document (i.e., a trust document) may be terminated or deemed vacated to the discretion of FITNESSBOKSEN.
Notice of an Affiliate’s death or incapacitation must be provided to FITNESSBOKSEN via email at info@fitnessboksen.dk within 30 days of the date of death or incapacitation to prevent the Affiliate’s account from being purged. A copy of the death certificate must be provided upon request.
Affiliates are encouraged to seek professional legal assistance from an attorney to ensure the proper transfer of the Affiliation. Inheritance of an Affiliation does not guarantee that a beneficiary or heir will receive any earnings at any particular level. Success in FITNESSBOKSEN is dependent upon successful sales efforts, which require hard work, diligence, and leadership. The success of a beneficiary will depend upon how effectively he or she exercises these qualities.
9.2 Surviving Spouse
If a married couple is running an FITNESSBOKSEN Affiliation and one person dies, the Affiliation can still be run by the surviving spouse. If the surviving spouse is the one whose social security number is not on file, the surviving spouse must submit a copy of the death certificate as well as the marriage certificate within 30 days of death to FITNESSBOKSEN in order to change the Affiliation to compensate the surviving spouse.
9.3 Eligibility Requirements to Inherit and Operate an Existing Affiliation
Must be 18 years old or older
Must not be a current FITNESSBOKSEN Affiliate
iii. Must reside in a geographic area where FITNESSBOKSEN operates business
Must read the Agreement, agree to the Agreement, and submit a signed Agreement
9.4 FITNESSBOKSEN Affiliation Left to One or More Heirs
Upon the death of an Affiliate, if the will transfers the Affiliation to one single heir, then FITNESSBOKSEN will transfer the Affiliation in accordance with the terms of the will so long as the heir meets the eligibility requirements in section 9.3. Failure to meet the eligibility requirements within 60 days or completion of probate following the death of the original Affiliate may result in the termination of the Affiliation unless the Affiliation is held in trust.
If a will designates more than one heir, FITNESSBOKSEN will only allow one beneficiary and the heirs must decide amongst themselves who will become the beneficiary. If all heirs cannot decide who will become the new beneficiary, then FITNESSBOKSEN shall make the decision in its sole discretion. The chosen named beneficiary must meet the eligibility requirements in section 9.3 within 60 days of the death of the original Affiliate or upon completion of probate. An Affiliation cannot be divided. Any compensation earned from the inherited Affiliation will be made out in the name of the decided upon beneficiary. The beneficiary and the other heirs shall have no claim or recourse against FITNESSBOKSEN for how any compensation paid to the Affiliation is allocated.
9.5 Affiliations Left in Trust
A trust may be established in order to leave an Affiliation to beneficiaries at the time of the Affiliate’s death. For example, a trust may be established for the benefit of minor children or incapacitated adults. The trust should designate a trustee who will operate the Affiliation or appoint a third party to do so.
FITNESSBOKSEN reserves the right to deny the transfer of an Affiliation to a trust if it determines the trustee does not meet the eligibility requirements in Section 9.3 or is not sufficiently authorized or capable of operating the Affiliation in compliance with the Agreement.
Upon the transfer of the Affiliation, the heir or beneficiary is eligible to earn compensation pursuant to the Agreement. Upon dissolution of the trust, if applicable, pursuant to the trust document, the beneficiaries and trustee must decide who will be named on the Affiliation in order for it to continue operating. FITNESSBOKSEN will continue to issue one compensation check per Affiliation.
9.6 Procedure of Heir or Trustee to Operate a Distributorship
Provide FITNESSBOKSEN with a copy of the death certificate and a notarized copy of the will or other instrument establishing the heir’s valid right to the FITNESSBOKSEN Affiliation
The single heir or trustee must sign an Affiliation Agreement
iii. The heir or trustee must comply with the Affiliation Agreement and policies
The heir or trustee must meet the eligibility requirements in Section 9.3 of the Agreement
If an Affiliation is left to more than one beneficiary or if it is left to minor(s), then the beneficiaries or trustee must set up business forthright under law. FITNESSBOKSEN will issue compensation checks and one IRS Form 1099 to the business entity or single person designated
Provide FITNESSBOKSEN with an address or account of record to which all compensation will be sent
9.7 Affiliate Leaves No Valid Will
When an Affiliate has not expressly provided for the transfer of the Affiliation in a valid will, the Affiliation shall terminate upon notice of the Affiliate’s death.
9.8 Bankruptcy
The prohibition on the sale or assignment of an Affiliation applies if an Affiliate files for bankruptcy and his or her Affiliate position or Affiliate Agreement would otherwise become part of an estate in bankruptcy or an asset for sale or disposition as part of the proceedings. The Affiliate agrees that under no circumstance may an Affiliation be transferred to any other person or entity as part of a bankruptcy proceeding, either by the Affiliate, the bankruptcy trustee, a court, or otherwise. Unless an Affiliate is permitted to retain his or her Affiliation as part of the resolution of the bankruptcy proceedings, such Affiliation shall be deemed terminated as of the date of the bankruptcy filing.
10.0: Resignation of an Affiliate
10.1 Resigning an Affiliation
An Affiliate may resign or terminate his/her own Affiliation with FITNESSBOKSEN at any time by submitting a signed and notarized letter of resignation. The letter of resignation must have a printed and signed name from the owner of the Affiliation. Affiliates who resign are not eligible to re-enroll as an Affiliate for a period of 6 calendar months following the date of resignation.
Section 2: FITNESSBOKSEN – Affiliate Compensation Plan
1.0: Overview of the Compensation Plan
1.1 How Compensation is Earned
At FITNESSBOKSEN, a compensation is earned and justified as products or services are purchased and sold. FITNESSBOKSEN reserves the right to accept or deny any commission for any sales made that may be fraudulent, not a retail sale, or not a discount sale previously agreed upon between FITNESSBOKSEN and the Affiliate all to the discretion of FITNESSBOKSEN. Retail sales are the foundation of a successful Affiliation with FITNESSBOKSEN. The compensation plan is a working plan, and compensation will depend on how much effort is expended to produce sales.
1.2 Ways to Earn Income
Order commissions
Recurring commissions
iii. Incentives
1.3 Eligibility to Earn Compensation
To be eligible to earn compensation from FITNESSBOKSEN, you must provide your Social Security Number (CPR-nr.). You may provide this number at any time and will be eligible to earn compensation from that point forward. If your Affiliation is suspended or terminated due to disciplinary action, then your right to compensation is revoked.
2.0: Understanding Sales Volume
2.1 Concept of Sales Volume
All volume is calculated per pay period. Pay periods end on the last work-day each month.
2.2 Personal Volume
Personal volume is defined as the total suggested sales value of the product purchases made by your referred customers.
2.3 Business Volume
Business volume is defined as the value assigned by FITNESSBOKSEN to each product for the purpose of calculating compensation. Business volume is not assigned to sales aids.
3.0: Earning Compensation from Sales
3.1 Retail Sales Defined
A retail priced sale is the most simple way to earn compensation with FITNESSBOKSEN. As an Affiliate, you are able to post direct links, images, banners, etc. that track all sales from when someone is redirected to FITNESSBOKSEN’s website. You qualify for the most commission when making a sale at retail value.
3.2 Discount Sales Defined
Affiliates may be able to earn a commission while still providing a discount to the customer. The affiliate reserves the right to request a coupon code for helping induce sales and awareness of FITNESSBOKSEN. Once FITNESSBOKSEN creates a code for the Affiliate or all Affiliates, the Affiliate agrees to the commission (always either equal to or less than current commission or a flat rate) once the discount has been posted on any marketing channel.
FITNESSBOKSEN will only provide individual coupon codes to Affiliates whom have proved themselves as vital Affiliates (averaging 5+ sales a week or 150+ clicks a day). If a coupon code is issued, the Affiliate agrees that commission will only be paid out to the Affiliate in FITNESSBOKSEN Meals store credit unless otherwise agreed upon between FITNESSBOKSEN and the Affiliate within writing.
3.3 Incentives Defined
Affiliates may be asked to market more in similar efforts to bonuses for a period of time in which an incentive is being made available. Contests may be held to award top sellers in a period of time defined. All incentives will be mapped out and notification will be sent to the Affiliates via email. Affiliates are encouraged to market at a higher rate for such incentive campaigns. Incentives may be used for all products or just a selection of product(s). Incentives may occasionally accompany a discount for the customer as well. Incentives given can be anything strategically and openly mapped out by FITNESSBOKSEN for the Affiliates. Incentives will be paid out, regardless of commission amount, in the same payout level as the Affiliate has already decided to market under. All Affiliates, forthright, agree to all incentive competitions as fair to all parties and Affiliates.
5.0: Corporate Affiliate Payout Level Structure
5.1 Paying Out Commission
All Corporate Affiliates will be paid in the form of cash via Stripe Managed Accounts. The Corporate Affiliate agrees that the percentage of commission paid reflects the previous quarter’s performance and not the current.
6.0: Paying Taxes
6.1 Reporting your Income
It is important for you to keep records of your earnings from retail sales. You are responsible for reporting this income to the Internal Revenue Service (IRS).
You, the Affiliate, are responsible for paying any taxes due on compensation in the form of commissions you receive from FITNESSBOKSEN. Annually, FITNESSBOKSEN will provide necessary obligations directly to the federal government or to the Affiliate to turn into the federal government reflecting the total amount of such payments made by FITNESSBOKSEN to you. In addition to any compensation earned, FITNESSBOKSEN will also include, but is not limited to, the following: the value of any trips, bonuses, prizes, and other recognition awards, earned during the calendar year.