Last Modified August 2024
If you have any questions about anything contained in these Terms & Conditions, please email us directly at support@functionalnutritionlibrary.com
Summary of Terms:
- Affiliates may not promote The Functional Nutrition Library on any websites that contain sexually explicit, violent, illegal, or discriminatory content.
- Affiliates may not promote The Functional Nutrition Library on coupon code websites or websites that only list promotions.
- All affiliates are responsible for ensuring they comply with the FTC’s Endorsement Guidelines.
- Affiliates may not earn commission on purchases made through their own links.
- Affiliates may not pay any part of the commission back to the purchaser as an incentive or discount.
Affiliate Agreement
Please note that by enrolling as an affiliate for The Functional Nutrition Library, you acknowledge that you have read and agree to all of these terms & acknowledge that this is a legal agreement between you and Nutritionist Answers, LLC.
1. Overview
This Agreement contains the terms and conditions for becoming an affiliate for The Functional Nutrition Library, which is owned and operated by Nutritionist Answers, LLC. The purpose of this Agreement is to allow for trackable affiliate links between your website/brand and functionalnutritionlibrary.com. Please note that throughout this Agreement, “we,” “us,” and “our” refer to Nutritionist Answers, LLC and all associated employees, independent contractors, volunteers, and interns, and “you,” “your,” and “yours” refer to you, the affiliate.
2. Affiliate Obligations
2.1. Subject to approval, anyone is eligible to be an affiliate. However, we may cancel your application if your website or location you are promoting The Functional Nutrition Library includes any of the following:
2.1.1. Sexually explicit materials.
2.1.2. Violent materials.
2.1.3. Discriminatory materials of any kind.
2.1.4. Illegal activities.
2.1.5. Any copyright, trademark, or other intellectual property violations.
2.1.6. Is objectionable to us in any way, based on our sole discretion.
2.1.7. Is a strictly coupon or promotional website.
2.2. As an affiliate for The Functional Nutrition Library, you must use your unique HTML code (affiliate link) that we provide for you in order to receive proper tracking and affiliate commissions.
2.3. We reserve the right to review your use of the affiliate links and cancel the affiliate agreement if any violations are found.
2.4. The maintenance & accuracy of any affiliate links you use is solely your responsibility.
2.5. It is your sole responsibility to follow intellectual property laws on your website and in any promotional materials you may create. We are not responsible for any copyright infringement or other intellectual property violations that may occur on your site or in your materials. You accept sole full responsibility for any repercussions that may arise from violations of these laws and regulations.
2.6. It is the affiliate’s sole responsibility to ensure that they are in compliance with the Federal Trade Commission’s (FTC) Endorsement Guidelines. All endorsements, reviews, or testimonials for The Functional Nutrition Library that include affiliate links MUST clearly disclose the financial relationship between the affiliate & The Functional Nutrition Library. For more specifics on the types of disclosures that meet these requirements, please see the most current version of the FTC Endorsement Guidelines. We reserve the right to terminate the affiliate program for any non-compliant affiliates.
3. Nutritionist Answers, LLC’s Rights and Obligations
3.1. We have the right to monitor your site and use of our affiliate links to determine if you are following the terms and conditions of this Agreement. If violations are found, we have the right to terminate the affiliate agreement.
3.2. Nutritionist Answers, LLC reserves the right to terminate this Agreement immediately if you commit fraud or abuse the program in any way. If fraudulent purchases have been made, we are not liable for commissions for these fraudulent sales.
3.3. This Agreement will begin upon your enrollment in the Affiliate program and will continue unless terminated.
4. Termination
Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving written notice via email. In addition, this Agreement will be terminated immediately if there is any breach of this Agreement by you.
5. Modification
We may modify any of the terms and conditions in this Agreement at any time, and you will be notified of any changes or updates via email. If you do not agree with any of the changes made, you have the option to end your participation in the affiliate program. Your continued participation in the Affiliate Program after being notified of any changes indicates your acceptance of and agreement with the new terms.
6. Payment
We issue affiliate payments within the 1st 10 days of each month for any commissions earned in the previous month. All affiliate earnings will be tracked by the plugin Easy Affiliate on functionalnutritionlibrary.com. Payments will be coordinated manually via PayPal. Please review PayPal’s payment terms and conditions separately.
7. Access to Affiliate Dashboard
You will create a password so that you can enter the affiliate dashboard on functionalnutritionlibrary.com. From the dashboard you will be able to see reports that describe your transactions and affiliate earnings.
8. Promotion Restrictions
8.1. Any promotional materials that mention The Functional Nutrition Library should clearly indicate that the Functional Nutrition Library is not a joint effort between you and Nutritionist Answers, LLC and is an independent product that you are solely promoting as an affiliate. Any spam advertising or emailing that contains affiliate links to The Functional Nutrition Library is not allowed. If it comes to our attention that you are spamming or implying ownership in The Functional Nutrition Library, we will consider that cause for immediate termination of this Agreement and your participation in the Affiliate Program. Any pending balances owed to you will not be paid if your account is terminated for any of these reasons.
8.2 The Functional Nutrition Library does not accept affiliates from people who run coupon websites.
8.3. Affiliates will not use any “Parasiteware™ or ” “Parasitic Marketing” software or programs that overwrite affiliate tracking links, intercept search traffic to apply your affiliate link to the traffic, or displaying The Functional Nutrition Library in an IFrame.
8.4 Affiliates may not earn commission on purchases made through their own links. This is in violation of this affiliate agreement. Even if the affiliate system records this type of transaction, the commission will not be paid out.
8.5 Affiliates may not pay any part of the commission back to the purchaser as an incentive or discount. Any affiliates discovered doing this will be removed from the affiliate program and any outstanding commissions will not be paid.
9. Grant of Licenses
9.1. We grant you the nontransferable but revocable right to (i) access our site through affiliate links in accordance with the terms of this Agreement, and (ii) to use any licensed affiliate marketing materials that we provide to you. You are only entitled to use the affiliate materials if you are an affiliate in good standing.
9.2. Each party agrees not to use the other’s materials in any manner that is disparaging, misleading, obscene, or otherwise portrays the party in a negative light. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.
10. Health Disclaimer
Any content whatsoever published on the Website is meant for informational purposes only. It should not be interpreted as medical advice, medical nutrition therapy, nutrition counseling, diagnosis, prognosis, instruction, advice, treatment, or any other medical service for any individual. It does not replace the advice of a medical professional. If you have concerns about your health, you should always consult with a medical professional. You should always consult with a medical professional before making changes to your diet, lifestyle, exercise, or supplement routines. This is especially true if you have any existing health conditions, are undergoing treatment of any kind, are elderly or pregnant, or are taking prescription medications. Do not delay consultation or treatment from a medical professional because of something read on the Website. You acknowledge that you have been advised by us on the need to obtain your own professional medical and health consultations. We do not advocate for the use of supplements or natural remedies over medical advice or treatment and no content within our Services should be construed as advice against medical treatment. Use of any information and content provided by our Services is 100% AT YOUR OWN RISK.
We make no claims that we are providers of medical services, as defined by federal laws and regulations that pertain to medical providers or other healthcare related matters. We do not have any obligation in regards to the details or appropriateness of the User engaging in our Services, the results (or lack thereof) of the User engaging in our Services, or any other health-related matters pertaining to the User’s use of our Services. We do not assume liability for any actions taken by Users after engaging in our Services and do not assume any liability for potential misuse of supplements or lifestyle changes. We do not claim that unforeseen side effects won’t potentially occur when making any diet, supplement, or lifestyle changes, even when following recommended protocols and we do not assume responsibility for any side effects or adverse effects from practices mentioned within our Services.
11. Service Disclaimer
We do our best to ensure continued service of the Website. In the event of any emergency repairs, natural disasters, or unforeseen technological errors or events that may interrupt our Services, you agree to under no conditions hold us liable for any losses, lack of availability, discontinuance, suspension, or termination of our Services. You agree that your access and use of, or inability to use, our Services is on an ‘As Is” and “As Available” condition, without any warranties, representation, or conditions of any kind, either expressed or implied. This includes, but is not limited to, all implied warranties or conditions of merchantability, merchantable quality, title, non-infringement, durability, or fitness for a particular purpose. No information obtained by the User from the Services will create any warranty not expressly stated herein.
We also reserve the right to modify Services at any time, and will not be held liable for any price increases, service changes, or discontinuation of Services. We are not responsible for any technical malfunctions of online systems, servers, service providers, or email accounts that prevent the timely delivery of our Services. We are also not responsible for any damages that may occur from downloading any content from the Website. Use of these Services is at your own risk.
12. Indemnification
You agree to hold us (Nutritionist Answers, LLC and all staff, contractors, volunteers, interns, employees, and partners) harmless and indemnify us from and against any third-party claim(s) arising from your use of our Services. This includes but is not limited to, any liability or expenses arising from all claims, losses, damages, suits, judgments, litigation costs, and attorney fees. You also agree to relinquish any and all rights or benefits you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
13. Applicable Law
You agree that by using our Services, the laws of the United States and the state of California will govern these Terms and any dispute that may arise between you and us. You hereby consent to the exclusive jurisdiction of the state or federal courts in California for all disputes arising out of or in connection to the use of our Services.
14. Miscellaneous
You agree that nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Nutritionist Answers, LLC. 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 website or any other websites or otherwise, that reasonably would contradict anything in this section.
15. Intellectual Property Rights
All content available on the Website is written in the author’s own words, unless otherwise indicated. All the materials available on the site are protected by copyright, trademark, and other intellectual property laws. You agree to use the site solely for personal noncommercial use. Unauthorized copying, reproducing, republishing, duplicating, downloading, uploading, posting, transmitting, translating, selling, reselling, exploiting, distributing, or creating derivative works of the information contained within our Services without our explicit consent is not allowed and will be prosecuted to the fullest extent available under the law. This includes, but is not limited to, transmitting the information via email or other electronic means without consent. You are allowed to print the material for personal, non-commercial use, including when seeing clients in your private practice or when teaching, as long as proper attribution is given, for example, by placing “© functionalnutritionlibrary.com” at the beginning or end of the material.
By posting any information on the Website, including, but not limited to, comments or information on discussion boards, you agree that you are not violating any copyright or intellectual property laws. You also agree that the Website is not obligated to keep any comments private, to pay users for comments, or to respond to any comments. Once comments are left, they become the intellectual property of Nutritionist Answers, LLC.
You agree to refrain from posting comments that may be libelous, profane, abusive, or obscene. We reserve the right to delete or block comments made by users at any time, for any reason, and without explanation. We also reserve the right to disclose your information and/or identity to any third party who files a complaint that your comment has violated their copyright or intellectual property rights.
We have the right and may be required by law to comply with any law enforcement investigations or court orders that require the release of identifying information about anyone posting content on the Website. You agree to waive and hold harmless Nutritionist Answers, LLC including, but not limited to, any staff, contractors, volunteers, interns, employees, and partners from any claims that may result from any of these types of investigations.
While we do our best to review content regularly, we are under no obligation to remove offensive or objectionable material as soon as it is posted. Nutritionist Answers, LLC is not held liable for any violations made by users of the Website. You agree to access the content and Services at your own risk.
You may hyperlink back to the Website, as long as the link does not imply that we sponsor or endorse anything on your site without our express consent. However, you may NOT frame or inline link any of the content of the Website, or incorporate into another website or other service, any of our material, content, or intellectual property without prior written permission. You may not use any trademarks, trade names, logos, images, text, service marks, graphics, or the compilation thereof, contained in our Services without express written permission from Nutritionist Answers, LLC. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
16. Disclaimers
The information, products, and services offered on this Website are provided on an “as-is” basis, with no express or implied warranties of any kind. We disclaim all warranties to the fullest extent allowable under the law, including any implied warranties of the use of the information for any particular purpose. We do not warrant that the site or its contents will be error-free, accurate, timely, or reliable, although efforts will be made to correct errors when found.