MusclesUP Affiliate and Referral Program Terms and Conditions
(Additional terms and conditions apply for international affiliate participants, please see below.)
By signing up to be an Affiliate with MusclesUP, LLC’s (“MusclesUP”) Affiliate Program (“Program“) you agree to be bound by the following terms and conditions (“Terms of Service“). MusclesUP reserves the right to update and change the Terms of Service from time to time without notice. Any new features to the current Program, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Program after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: https://www.MusclesUP.com/affiliate-terms-conditions Violation of any of the terms below will result in the termination of your Account and for forfeiture of any outstanding affiliate commission payments earned during the violation. You agree to use the Program at your own risk.
- You must be 18 years or older to be part of this Program.
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- You must provide your legal full name, identification, a valid physical and email address, and any other information requested in order to complete the signup process.
- Your login may only be used by one person – a single login shared by multiple people is not permitted.
- You are responsible for maintaining the security of your account and password. MusclesUP cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all content posted and activity that occurs under your account and agree to indemnify MusclesUP for any damages arising from any content that you post.
- One person or legal entity may not maintain more than one account. One account per household.
- You may not use the Program for any illegal or unauthorized purpose or violate any laws in your jurisdiction (including but not limited to copyright laws).
- You may not impersonate the MusclesUP brand in any way through any medium, including social media.
- You do not represent MusclesUP, or speak for MusclesUP in any capacity.
- MusclesUP may terminate its Program and/or your account at any time and for any reason, with or without notice to you.
Links/graphics on your site, in your emails, or other communications. Once you have been accepted to the Program, you will be assigned a unique Affiliate Code. You are permitted to place links, banners, or other graphics we provide with your Affiliate Code on your site, in your emails, or in other communications. We will provide you with guidelines, link styles, and graphical artwork to use in linking to MusclesUP.com. We may change the design of the artwork at any time without notice, but we won’t change the dimensions of the images without proper notice. To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special link formats to be used in all links between your site and the www.MusclesUP.com. You must ensure that each of the links between your site and the MusclesUP.com properly utilizes such special link formats. Links to the MusclesUP.com placed on your site pursuant to this Agreement and which properly utilize such special link formats are referred to as “Special Links.” You will earn referral fees only with respect to sales on a MusclesUP.com product occurring directly through Special Links, once payment for orders are received; we will not be liable to you with respect to any failure by you or someone you refer to use Special Links or incorrectly type your Affiliate Code, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement. Affiliate links should point to the page of the product being promoted.
Referral fees/commissions and payment.
You are paid 3%-7% per referred sale on "selected" product sold on www.MusclesUP.com (refer to your account affiliate page). For a Product sale to be eligible to earn a referral fee, the customer must click-through a Special Link from your site, email, or other communications to www.MusclesUP.com and complete an order for a product during that session. The session ends once someone closes their web browser, navigates away from the www.MusclesUP.com, or otherwise leaves www.MusclesUP.com without ordering a product before leaving the site. If a person clicks a link, they have 90 days before the cookie expires. If they sign-up and make a purchase within that time, we will pay your Affiliate Program earnings. After 90 days, no Affiliate Program earnings apply. We will only pay commissions on links that are automatically tracked and reported by our systems. We will not pay commissions if someone says they purchased or someone says they entered a referral code if it was not tracked by our system. We can only pay commissions on business generated through properly formatted special links that were automatically tracked by our systems. We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods and to accept or reject any order. Payments only begin once you’ve earned more than RM100.00 in affiliate income. If your affiliate account never crosses the RM100.00 threshold, your commissions will not be realized or paid. We are only responsible for paying accounts that have crossed the RM100.00 threshold. Once you reach RM100.00, at your request, we will cut a check and mail it out. Referral payments will only be made if payment on the order has been received, and the order has not been cancelled and item has not been returned for a refund within 30 days. All pay-outs will be held for this initial period and paid out on a monthly-basis thereafter.
Coupon Code Commission
Coupon commission should override all the others commission. (refer to your account affiliate page)
Multi Level Affiliate Program
You will receive commission on your down line affiliate buyer.
- Maximum 3 level.
- Commission rate on each level. (refer to your account affiliate page)
Identifying yourself as a MusclesUP Affiliate.
You may not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, say you develop our products, say you are part of MusclesUP, or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause). You may not purchase products through your affiliate links for your own use. Such purchases may result (in our sole discretion) in the withholding of referral fees and/or the termination of this Agreement.
As long as your current affiliate earning are over RM100.00, you’ll be paid each month. If you haven’t earned RM100.00 since your last payment, we’ll pay you the following month after you’ve crossed the threshold.
Customers who buy products through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product 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 products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that you have listed on your site, you should not display product prices on your site. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.
Compliance with Laws.
As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.
Term of the Agreement and Program.
The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to www.MusclesUP.com, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. MusclesUP reserves the right to end the Program at any time. Upon program termination, MusclesUP will pay any outstanding earnings accrued above RM100.00.
MusclesUP, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other MusclesUP service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. MusclesUP reserves the right to refuse service to anyone for any reason at any time.
Relationship of Parties.
You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.
Limitations of Liability.
We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the 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 Program will not exceed the total referral fees paid or payable to you under this Agreement.
You agree to indemnify and hold harmless MusclesUP, its officers, directors, employees, agents, affiliates and assigns, from and against any and all damages, fees, expenses and liabilities whatsoever arising from any act or failure to act by you, as an Affiliate of the Program.
We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the MusclesUP will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any Malaysia or federal court located in the Malaysia (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
This Agreement will be governed by the laws of The Malaysia, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your 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. The failure of MusclesUP to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and MusclesUP and govern your use of the Service, superseding any prior agreements between you and MusclesUP (including, but not limited to, any prior versions of the Terms of Service).